A/HRC/7/3/Add.2
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in 91 cases were disciplined; 32 of them were dismissed from the bodies of internal
affairs; 15 of them had to leave their posts; and other forms of disciplinary punishment
were applied to another 76 officers.
12.
The conditions in which detainees are held at territorial police units are
regularly studied, and measures are taken to remove shortcomings. In case of any
violations an official inquiry is conducted at once and the results are promptly reported to
the Ministry of Internal Affairs.
13.
Recommendation (c) stated: Magistrates and judges, like prosecutors,
should always ask a person brought from police custody how they have been treated
and be particularly attentive to their condition.
14.
Recommendation (d) stated: Where there is credible evidence that a person
has been subjected to torture or similar ill-treatment, adequate compensation
should be paid promptly; a system should be put in place to this end.
15.
Law No. 610 of 29 December 1998 regulates, among other things, the recovery
of losses suffered as a result of illegal acts committed by prosecutorial and judicial
agencies or their officials. Article 7 provides that losses and moral damages suffered by a
person as a result of questioning, preliminary investigation and abuse of prosecutorial or
judicial agencies, should be recovered. If a person was held in preliminary detention or in
prison as a result of a mistake or abuse by prosecutorial or judicial agencies, they have to
ask for forgiveness from this person in writing. According to article 4 of the Law, when
the person who has the right to recover prior losses dies, this right passes to his/her heirs.
The right of victims to get compensation and the corresponding procedure are also
regulated according to Chapter 20 of the Code of Criminal Procedure (CCP). According
to article 189 CCP, the person who suffered losses as a result of crimes, as defined in the
Criminal Code (CC), has the right to get compensation when the act has been tried before
a court. The victim has the right to receive from 10 to 300 amounts of minimum wage in
compensation depending on the gravity of the crime committed against him. According
to article 191 CCP, the court, on the basis of a petition by the victim, assigns
compensation from the state budget. While reflecting the decision relating to the payment
of compensation in the verdict against the perpetrator, the court also indicates that the
amount allocated as compensation must be returned to the state budget.
16.
Recommendation (e) stated: Confessions made by a person under police
detention without the presence of a lawyer should not be admissible as evidence
against the person.
17.
The right of a suspect or accused person to refuse a lawyer, the right of selfdefence, along with the right to legal assistance, were affirmed in article 90 CC. The
testimony given by a person who has refused a lawyer at the temporary detention centre
may be accepted as evidence even if no lawyer was present. Article 92(3) CCP provides
that a lawyer should be present when a suspect or accused person is arrested or detained.
The right of a suspect to give his testimony in the presence of a lawyer is foreseen by
article 232(2) and the right to the presence of a lawyer during questioning is included in