A/HRC/7/3/Add.2
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article 233(5) CCP. Article 153 CCP guarantees the right of a detainee to refuse a lawyer.
According to article 92(12) CCP, the officer leading the preliminary investigation, the
investigator, the prosecutor or the court may accept the refusal from the lawyer in a case
where the suspect or accused person makes this request on his own initiative, voluntarily
and in presence of a lawyer or trusted person. The refusal of the suspect or the accused of
a lawyer because of the lack of means to pay for legal assistance is not accepted, and a
lawyer is provided for him. Article 125(2) CCP provides that evidence obtained in
violation of a defendant’s rights is not permitted. Such information is considered of no
legal force and cannot be used as proofs (article 125(3)). Evidence obtained in violation
of the above-mentioned provisions may be used only in proving violations and the
culpability of persons who committed them (article 125(4)). The persons detained at the
investigation department of the Ministry of National Security are represented by lawyers;
investigations as well as questionings of suspects and accused are held in presence of a
lawyer; and detainees are provided with the opportunity to meet with their lawyers
without any limits, in private and confidentially. Each suspected and accused person is
given a written notification about his rights and duties in accordance with the provisions
of the legislation of criminal procedure. The right to make a complaint about the acts of
an investigator to the prosecutor and the court is explained.
18.
Recommendation (f) stated: Given the numerous reports of inadequate legal
counsel provided by State-appointed lawyers, measures should be taken to improve
legal aid services.
19.
Legal bases for establishing the new bar, separate from governmental bodies, is
found in the Law on “Barristers and barrister activity,” adopted in 1999. It is one of the
legal reforms implemented in the country, and aims to equalize the rights of the lawyer
representing the defending side with the accusing side. The law sets out the main
principles of the bar’s activity in providing high-quality legal assistance, and also sets out
the legal status of lawyers and the basis of their autonomy. A special commission was
established in accordance with article 13 of the law in order to examine candidates for the
bar, in accordance with the requirements provided for by law and their professional
training. The commission has the authority to subject candidates to examinations
consisting of written tests and interviews to determine whether they are qualified for the
bar. If necessary it can request documents and information on issues in question from
governmental bodies, and other legal and physical persons.
20.
Recommendation (g) stated: Video and audio taping of proceedings in police
interrogation rooms should be considered.
21.
During the last several years, 26 investigative rooms of 64 temporary detention
centres were equipped with video installations. Work in other isolators is intended to be
finished by the end of 2008.
22.
Recommendation (h) stated: Given the numerous situations in which
persons deprived of their liberty were not aware of their rights, public awareness
campaigns on basic human rights, in particular on police powers, should be
considered.