A/HRC/4/33/Add.2
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512.
Recommendation (g) stated: Legislation should be amended to transfer the power to
investigate claims of police abuse and torture from military to civilian prosecutors. The
investigation of allegations should be conducted by the prosecutor himself or herself and
the necessary staff should be provided for this purpose.
513.
The Government informed that criminal investigations into crimes committed by
policemen are carried out by prosecutors from civil courts or by officers especially assigned by
order of the minister of administration and interior.
514.
Recommendation (h) stated: In the interim, civilian prosecutors should refer all
allegations of police abuse to the military prosecutor in an expeditious manner; military
prosecutors should diligently investigate all allegations of police abuse made by detainees.
515.
The Government informed that, according to the provisions of the Act no.
360 /2002, the “Police Officer Statute”, Act no. 281/2003 modifying and amending the Criminal
Procedure Code and other special laws, all crimes committed by policemen have to be
transferred from military prosecutors to civilian prosecutors and to civil courts. According to
article 209 (3) of the Criminal Procedure Code, as amended by the aforementioned law, criminal
proceedings relating to brutality and torture committed by a policeman (abusive behaviour, art.
250 of the Criminal Code, illegal arrest and abusive investigation, art. 266 of the Criminal Code,
ill treatment, art. 267 of the Criminal Code and torture, –art. 267-1 of the Criminal Code) are
carried out by civil prosecutors. According to article 27 (2) of the Act 281/2003, the
investigation of a crime committed by a police officer in charge of criminal proceedings, will be
carried out by a prosecutor.
516.
Recommendation (i) stated: Prosecutors and the judiciary should speed up the trials
and appeals of public officials indicted for torture or ill-treatment; sentences should be
commensurate with the gravity of the crime.
517.
The Government informed that the new Criminal Code and the new Criminal
Procedure Code provide measures aimed at speeding up the legal procedures regarding trial of
criminal cases, including torture related cases.
518.
Recommendation (j) stated: Civilian prosecutors should disregard any evidence
obtained by illegal means and judges should be diligent in ensuring that all incriminating
evidence obtained by such means is identified and excluded from the trial.
519.
The Government informed that article 68 of the Criminal Procedure Code prohibits the
use of force with the aim of obtaining evidence. Therefore, the evidence obtained by violating
legal provisions cannot be taken into account while examining cases.
520.
Recommendation (k) stated: Any public official indicted for abuse or torture should
be suspended from duty pending trial.
521.
The Government informed that a police officer against whom charges have been
brought is removed from his/her duty after his/her final indictment provided that he/she did not
commit other disciplinary offences, in which case ordinary disciplinary sanctions are applying in
accordance with article 65 of Act 360/2002 amended by Emergency Ordinance no. 102/2004. A
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