CAT/C/POL/CO/7
these provisions to judicial control and to the possibility of appeal; and ensure that
prosecutors do not interrogate suspects without the participation of their lawyers;
(e)
Ensure that detained persons receive a confidential medical examination
by an independent doctor within 24 hours of their arrival in a place of detention; that
they have the right to request and receive an independent medical examination at any
time, out of the sight and hearing of law enforcement personnel unless the doctor
requests otherwise; and that they are not subjected to searches amounting to
degrading treatment by persons of the opposite sex;
(f)
Take effective steps to bring its legislation and practice into line with
international instruments to which it is a party, including the Convention and, inter
alia, Directive 2013/48/EU of the European Parliament and of the Council.
Pretrial detention
17.
The Committee is concerned:
(a)
At the extent of application and the duration of pretrial detention, and that the
Code of Criminal Procedure does not provide for a maximum period of pretrial detention;
(b)
That pretrial detention can be extended without justification; that courts have
difficulties justifying extensions and that the Code of Criminal Procedure allows for sixmonth extensions of pretrial detention after the first verdict of the court of first instance;
(c)
That the Code of Criminal Procedure stipulates that pretrial detention is not
applied in cases where a crime carries a custodial sentence of one year or less; and that
appeals against decisions on pretrial detention have a low rate of success (arts. 2, 14 and
16).
18.
The State party should:
(a)
Ensure that pretrial detention is used as an exception and a measure of
last resort and is applied for a limited period of time; and establish a maximum period
prescribed by law that can be monitored by a court of law;
(b)
Take measures to put a stop to the practice of extending pretrial
detention, and in particular to the six-month extensions of pretrial detention after the
initial verdict of the court of first instance that are allowed under the Code of
Criminal Procedure, to ensure that pretrial detention is not prolonged arbitrarily and
to ensure that pretrial detainees are held separately from convicted prisoners;
(c)
Consider replacing pretrial detention with non-custodial measures,
especially for sentences not exceeding two years, and consider alternatives to detention,
in accordance with the United Nations Standard Minimum Rules for Non-custodial
Measures (the Tokyo Rules);
(d)
Ensure that redress and compensation are provided to persons who are
victims of unjustified prolonged pretrial detention.
Police brutality
19.
The Committee is seriously concerned about:
(a)
Reports of excessive use of force by the police, including with electric
discharge weapons (tasers), against arrested persons who were handcuffed or otherwise
immobilized, despite the fact that the law stipulates that force may be used only to ensure
compliance with police orders;
(b)
Reports that officers who were charged with offences were not sentenced;
that, in one case, it was impossible to determine the identities of the police officers who
were responsible for using violence; and that persons who have suffered injuries by the
police are mostly able to obtain justice only when applying to and receiving a judgment
from the European Court of Human Rights;
6