E/CN.4/2000/4/Add.2
page 8
able to postulate for a position in the Supreme Court. The retirement age
is 60 for judges in the tribunals of first instance and 63 for judges of the
appelate courts and the Supreme Court.
27.
With the exception of the Supreme Court judges, who are nominated by the
President of the Republic upon the proposal of Parliament, the nomination of
all other judges is within the competence of the executive power (Ministry of
Justice). If they commit acts of professional negligence, they can be brought
before an internal disciplinary jurisdiction (“Council of Honour”).
The status of the Prosecutor’s Office
28.
The Prosecutor’s Office, which is not independent, is placed under the
authority of the Attorney General, who is designated by the President. Its
structure is hierarchical at all levels of jurisdiction. The training of
prosecutors mirrors that of judges but is conducted separately. In the course
of a prosecutor’s career, it is not possible to be transferred from the
Prosecutor’s Office to a judge's function and vice versa.
29.
There are two professional associations: one for judges, the other for
prosecutors. In both cases membership is compulsory. Neither judges nor
prosecutors can be members of a political party. As to the gender
distribution of the judiciary, there are 40 per cent of women in tribunals of
first instance and in the appellate courts. In the Supreme Court, 7 judges
out of 51 are women.
30.
The lack of independence of the judiciary from the executive, judges'
civil servant status, and the lack of a guarantee of non-removal from office
can only compromise the right to a fair and impartial trial. This is why it
is all the more important for the Government to pursue the reforms it is
considering in this area and to adopt them as a matter of urgency.
2.
The criminal procedure guarantees applicable in cases of arrest
and detention
31.
Under the Code of Criminal Procedure (except for arrest in-the-act,
KUHAP, art. 18, para. 2), only police officers, and not the armed forces, are
competent to arrest individuals. When making an arrest the police
investigator must present an “assignment letter” and be in possession of an
arrest warrant, valid for 24 hours, which gives details about the identity of
the individual concerned and the reasons for his arrest. A copy must be given
to him and to his family. The individual concerned must be brought to the
nearest police station, where a procès-verbal of the first interrogation is
established. A register of entries and departures is in principle kept
up-to-date at every police station, as the Group was able to verify.
32.
Immediately upon arrest and thereafter, the individual concerned may
request assistance from a legal advisor of his own choice (arts. 55 and 60) or
from a lawyer designated by the State if he cannot pay for legal assistance.
Such legal assistance is compulsory if the individual risks the death penalty
or a sentence of five years or more. The individual must benefit from the