A/HRC/22/53/Add.1 18. Article 88 (3) of the Code of Criminal Procedure provides that evidence obtained through force, intimidation, torment, inhumane treatment or other unlawful means is invalid and may not be used as evidence in a criminal case. The Special Rapporteur notes that the term “invalid” should necessarily imply “inadmissible,” but it would be best if the law determined that such evidence cannot be used in court under any other guise, such as indicia or as supporting information. In addition, there is no mechanism in place by which evidence may be declared inadmissible. Although article 88 renders any confession obtained under duress null and void, it does not prescribe measures to be taken by courts should evidence appear to have been obtained through torture or ill-treatment, nor does it envisage prosecution of those responsible for acts leading to such conditions. 19. The Special Rapporteur welcomes the decree of June 2012 of the Supreme Court clarifying the meaning of article 143-1 (torture) and the concept of inadmissibility of evidence obtained by means of illegal methods and expressing the hope that proper enforcement mechanisms would be put in place to implement the decree. 20. Article 105 of the Penal Enforcement Code provides for the medical care of persons deprived of their liberty. The Ministry of Justice and the Ministry of Health determine the procedure for providing medical services and their personnel for this purpose. 21. Although under article 201 (1) of the Code of Criminal Procedure interrogations may be audio- or video-recorded upon request, the investigator may deny the recording of interrogations if the case is considered confidential. The Special Rapporteur welcomes the proposal made in 2011 by the Office of the Prosecutor General to install video cameras in all investigators’ offices in order to curb any “illegal action by investigators”. At the time of the visit, this proposal had not been implemented. 22. Article 12 (3) of the Code of Criminal Procedure requires the judge, prosecutor or investigator to take measures if there are sufficient grounds to believe that victims or witnesses and their family members are threatened with murder or violence. The law on State protection of entities in criminal proceedings of 29 December 2010 regulates such measures, and a decree of 2 November 2012 approves 2013-2016 programme for the protection of participants in criminal prosecutions. 23. The Code of Criminal Procedure makes no reference to compensation following acts of torture, nor does it refer to fair and adequate compensation for damage caused, including the means for as full rehabilitation as possible, in accordance with article 14 of the Convention against Torture. 24. Article 34 of the law on procedure and conditions of detention of a suspect, accused or defendant envisages the separation of juveniles from adult detainees, with certain exceptions, stating that, when the prosecutor so decides, adolescents may be detained together with adults convicted for the first time for a crime not classified as grave or a felony. 3. Complaints and investigation of acts of torture and ill-treatment 25. Chapter 14 of the Code of Criminal Procedure provides possibility for oral and written complaints. According to article 122 of the Code, the Office of the Prosecutor General is entrusted with investigating crimes, including allegations of torture. Under Prosecutorial order N1, prosecutors are required to oversee the legality of detention and to consider cases within 24 hours. Following the amendments to the Law on the Ombudsman of 2011, the Office of the Ombudsman, in addition to conducting unimpeded visits to places of detention, is also entitled to receive, examine and order investigation into complaints. Under article 149 of the Code, a refusal to bring a criminal case after investigation may be appealed within 14 days after a copy of the decree has been provided. 6