E/CN.4/2000/9/Add.1
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recommendations, see document E/CN.4/1997/7/Add.3, sect. IV). The Government replied
to the request in letters dated 29 January and 3 February 1998. A summary of the
recommendations and the Government’s reply are reproduced below.
124. Most of the recommendations were reflected in the new Code of Criminal Procedure
(CCP), which was adopted on 10 December 1997 and entered into force on 1 July 1999, and, in
the administrative sphere, through political commitments made by the Minister of the Interior
and the Minister of Justice at the first meeting of non-governmental organizations with the
National Executive, held in Caracas on 4 July 1997, for the purpose of establishing a national
human rights programme.
125. The Rapporteur recommended that the period of time in which detained persons were to
be brought before a judge should be reduced from eight to no more than four days and that
detainees’ access to legal advice should be guaranteed within 24 hours. The Government stated
that the new CCP reduced the period within which detainees must be brought before a judge
to 48 hours and also made provision for the assistance of a lawyer at the time of detention, either
of the detainee’s own choosing or assigned by the court at the commencement of proceedings, or
at the latest before the accused’s statement was taken. In addition, the Code explicitly included
the right of the detainee: to be informed clearly of the charges against him, to communicate with
his relatives and legal counsel, and to be assisted by counsel of his own choosing or assigned by
the court.
126. Concerning the recommendation that the Government should guarantee detainees’
contacts with their families in accordance with the United Nations Body of Principles for the
Protection of All Persons under Any Form of Detention or Imprisonment, the Government stated
that the Ministry of Justice was reviewing the prison visiting system, as part of a complete
overhaul of inspection and security measures to include detection devices and a new visiting
system.
127. With regard to the adoption of measures to safeguard the right of detainees to a proper
medical examination, in accordance with the above-mentioned Principles, the Ministry of Justice
had submitted a comprehensive health care programme encompassing both preventive and
curative measures affecting prisoners in their daily lives and in prison clinics. It covers
maintenance of prison clinics and dental and pharmaceutical facilities. A proposal to count
medical service in prisons as part of the obligatory rural service performed by doctors was to be
submitted to the national universities.
128. The Rapporteur recommended that judicial complaints against police officials should be
investigated by an independent body. The Government stated that the CCP granted the Public
Prosecutor’s Office, in cooperation with the Criminal Investigation Police, exclusive competence
for criminal proceedings.
129. The Rapporteur pointed out the need to make senior law enforcement officials aware that
ill-treatment was not acceptable and would be dealt with severely. The Government referred to
the commitment made by the Ministry of Justice at the meeting between the National Executive
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