A/HRC/19/61/Add.3 155 Steps taken in previous years Recommendation Situation during visit (to be found in A/HRC/7/3/Add.2, Information received in the reporting (A/HRC/4/33/Add.3) (A/HRC/4/33/Add.3) A/HRC/10/44/Add.5 and A/HRC/16/52/Add.2) period (k) The maintenance of custody On paper, a file regarding each - A register at the GID contained information registers be scrupulously ensured, detainee informed about the about any detainee‘s name, nationality and charge. including recording of the time and time of arrival, state of health, Another register recorded visitors, and a third place of arrest, the identity of the details, reason for detention, register contained medical records. Outside of the personnel, the actual place of authority which issued the GID, detainees did not receive a standard medical detention, the state of health upon arrest warrant or verdict, and examination. arrival of the person at the all details relating to the - In regular prisons registers generally contained detention centre, the time at which person‘s time at the centre. the name of the detainee or prisoner, the the family and a lawyer were Upon arrival, detainees were to nationality and charge, if any; the doctors had contacted and visited the detainee, undergo a medical check-up medical files of those seeking and receiving and information on compulsory and the police doctor should medical care, although no entry exam was medical examinations upon being prepare a medical report, performed. brought to a detention centre and indicating whether there were upon transfer. any traces of torture. If that was the case, a forensic report had to be prepared and judicial authorities were to be notified. However, this process was not effective in practice. (l) Confessions made by persons in A confession could be accepted The Court of Cassation has issued several rulings custody without the presence of a as the only evidence in a case if with regard to confessions made as a result of lawyer and that are not confirmed the court was convinced that it violence: e.g. ruling No. 1513/2003 of 4 May before a judge shall not be was made voluntarily and 2006, which held that ―statements obtained as a admissible as evidence against the willingly (article 159 CCP). result of violence and coercion cannot be relied persons who made the confession. The Court of Cassation has upon to convict a defendant‖. Serious consideration should be overturned a number of given to video and audio taping of convictions on the grounds that Government: Article 159 of the Criminal interrogations, including of all security officials had obtained Procedures Law stipulates that any evidence or persons present. confessions from defendants statement obtained by physical or mental coercion under torture. and in the absence of the public prosecutor is considered void, and of no legal effect. It will not be accepted, unless the prosecution provides evidence of the circumstances, under which it was obtained and the court is convinced that the indicted, suspect or defendant has provided such evidence or statement voluntarily. The defendant

Select target paragraph3

Connect to a paragraph
Connect to an entity
Disable highlights
Add to table of contents