Recommendation
(A/HRC/4/33/Add.3)
While CCP article 100
stipulated that a police officer
who was not satisfied with a
testimony should send the
person concerned to the Public
Prosecutor within 24 hours,
who in turn had to question
him/her within 24 hours. An
individual could bring action
for deprivation of liberty
against an official who kept
him or her in custody for over
24 hours without questioning.
However, in practice persons
were at times detained longer
than 24 hours.
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
A/HRC/10/44/Add.5
page 55
(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
(j) Those legally
arrested should not be
held in facilities under
the control of their
interrogators or
investigators for more
than the time required
by law to obtain a
judicial warrant of
pretrial detention,
which should not
exceed 48 hours. After
this period they should
be transferred to a
pretrial facility under a
different authority,
where no further
unsupervised contact
Situation during visit
(A/HRC/4/33/Add.3)
mechanism was not effective
in practice.
It appeared that judges and
prosecutors did not ask
detainees how they had been
treated in police custody.
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