(h) All detainees be
effectively guaranteed
the ability to challenge
the lawfulness of the
detention before an
independent court, e.g.
through habeas corpus
proceedings
(i) Judges and
prosecutors routinely
ask persons brought
from police custody
how they have been
treated and, even in the
absence of a formal
complaint from the
defendant, order an
independent medical
examination in
accordance with the
Istanbul Protocol
(h) All detainees be
effectively guaranteed
the ability to challenge
the lawfulness of the
detention before an
independent court, e.g.
through habeas corpus
proceedings
Situation during visit
(A/HRC/4/33/Add.3)
which lacked independence
and impartiality.
CCP article121 to 129
guaranteed the right to habeas
corpus. They also held that a
detainee could challenge a
detention order and any
extension of a detention order
before the competent court.
However, this mechanism was
not effective in practice.
It appeared that judges and
prosecutors did not ask
detainees how they had been
treated in police custody.
CCP article121 to 129
guaranteed the right to
habeas corpus. They also held
that a detainee could challenge
a detention order and any
extension of a detention
order before the competent
court. However, this
Steps taken in previous years
(to be found in A/HRC/7/3/Add.2)
Information received on steps taken since
December 2007/current situation
Non-governmental sources: The right to
habeas corpus is not effective in practice.
Non-governmental sources: The right to
habeas corpus is not effective in practice.
A/HRC/10/44/Add.5
page 54
Recommendation
(A/HRC/4/33/Add.3)
independent courts
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