A/HRC/22/53/Add.1
have a lawyer (arts 22.1 and 49.2), the right to give evidence in the presence of a lawyer,
and the right to be brought before a judge within 72 hours of detention.
36.
The Code of Criminal Procedure does not clearly indicate to which procedural
safeguards a person who has been apprehended on suspicion of having committed a crime
is entitled. Article 46.2 of the Code states that a suspect must be questioned “without delay
and within 24 hours of apprehension”, without making any reference to the procedural
rights of the suspect.
37.
The Special Rapporteur notes with concern that the Code of Criminal Procedure
does not require law enforcement officers to notify counsel or family members of transfers
of detainees from pretrial detention facilities or removal from detention facilities for
interrogation. The Special Rapporteur heard numerous testimonies indicating that the 12hour time frame within which family members should be informed of detention is not
always observed.
38.
The Special Rapporteur learned that medical examination is not routinely practiced
when detainees are admitted to police stations or temporary detention facilities. The
medical personnel who are employees of the Ministry of Justice are under pressure not to
document injuries caused by torture or mistreatment. If necessary, the medical examination
is performed in the presence of the duty officer or investigator. According to the
administration of a pretrial detention facility, any evidence or marks of torture are
documented and recorded in the personal file of the detainee, at the discretion of the
investigator. The Special Rapporteur was unable to obtain any information on the number
of such cases reported to the Office of the Prosecutor or on any criminal investigation
initiated in such cases.
39.
There is neither a proper mechanism nor an independent complaint procedure for
places of detention. When asked about the complaint mechanisms available to detainees,
the Special Rapporteur was informed that a complaint could be filed in a sealed envelope to
the head of the facility or to the Office of the Prosecutor General. There is no information
on the extent to which the State ensures the confidentiality of complaints of torture and illtreatment or protection against reprisal.
40.
None of the detainees with whom the Special Rapporteur spoke could confirm that
complaints had been meaningfully followed up. Most detainees refrain from filing
complaints with prosecutors or inquiry officers during their monitoring visits out of fear of
reprisal. Complaints against law enforcement officials of the Ministry of the Interior are
addressed to the relevant investigative department within the Ministry for review by bodies
also subordinate to it. Most officials at the Ministry of the Interior with whom the Special
Rapporteur met stated that they had been in their offices for only a few months and were
unaware of past cases of torture, did not know the number of deaths in custody or of
mistreatment or were reluctant to report on those cases, describing them as cases of the
past.
41.
It is also not clear whether legal provisions are in place to ensure fair and adequate
redress for all victims of torture and ill-treatment and whether individuals may seek
compensation and other forms of redress.
1.
Detention and access to lawyers
42.
According to the testimonies received by the Special Rapporteur, individuals are
first held at a temporary detention facility (under the State Committee for National
Security, Department for the Fight against Organized Crime) for periods of time lasting
from a few days to several months before being transferred to a pretrial facility under the
jurisdiction of the relevant authorities. The practice of holding detainees in facilities under
the jurisdiction of investigators and interrogators for more than the time required by law to
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