E/CN.4/2005/62/Add.2
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conditions of detention, are being elaborated. The Ministry of the Interior, together with UNDP
and the American Bar Association, has put together a brochure for the parties to a criminal case
containing all the relevant information, including on complaints procedures. The Ministry of the
Interior has ordered that all suspects and detainees should receive this brochure. The Ministry
works closely with the Republican Association of Defence Lawyers. On 1 October 2003 an
agreement “On Guaranteeing the Rights to Protection of the Detained, Suspected and Accused
during Preliminary Investigation” entered into force. In this respect, there is now a permanent
presence of defence lawyers at police stations. Therefore, every detainee has the possibility to
see a lawyer immediately.
227. Recommendation (l) stated: Legislation should be amended to allow for the
unmonitored presence of legal counsel and relatives of persons deprived of their liberty
within 24 hours. Moreover, law enforcement agencies need to receive guidelines on
informing criminal suspects of their right to defence counsel.
228.
See the response to recommendation (k).
229. Recommendation (m) stated: Given the numerous reports of inadequate legal counsel
provided by State-appointed lawyers, measures should be taken to improve legal aid
service, in compliance with the United Nations Basic Principles on the Role of Lawyers.
230.
See the response to recommendation (k).
231. Recommendation (n) stated: Medical doctors attached to an independent forensic
institute, possibly under the jurisdiction of the Ministry of Health, and specifically trained
in identifying sequelae of physical torture or prohibited ill-treatment should have access to
detainees upon arrest and upon transfer to each new detention facility. Furthermore,
medical reports drawn up by private doctors should be admissible as evidence in court.
232. According to the information received from non-governmental sources, detainees are not
afforded independent medical examinations and have difficulty obtaining medical reports for use
as evidence of torture.
233. The Government reported that if there are allegations of torture, law enforcement organs
are obliged to thoroughly investigate these claims by, among other things, ordering a medical
examination and taking the corresponding steps. Actions 14.1 to 14.4 of the Plan provide for a
series of measures, including the elaboration of standards to improve the practice of forensic
expertise.
234. Recommendation (o) stated: Priority should be given to enhancing and strengthening
the training of law enforcement agents regarding the treatment of persons deprived of
liberty. The Government should continue to request relevant international organizations
to provide it with assistance in that matter.
235.
See the response to recommendation (p).
236. Recommendation (p) stated: Serious consideration should be given to amending
existing legislation to place correctional facilities (prisons and colonies) and remand centres
(SIZOs) under the authority of the Ministry of Justice.
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