attributed to their mentality
inherited from the Soviet
regime.
A number of investigators
of the prosecutor’s office
had been dismissed for not
having prevented these
violations;
MoI “Order on Additional
Measures to Ensure
Legality among the
Personnel” created a
personnel department in
charge of training and other
educational activities;
right to confidential conversations with any of the
detainees;
A “Code of ethics of the employees of the bodies of
internal affairs” was approved in April 2005;
Temporary detention centres at the district police centres
were modernized and new temporary detention centres
constructed;
The conditions in which detainees are held at territorial
police units are regularly studied, and measures are
taken to remove shortcomings;
Non-governmental sources: civil society organizations
have access to places of detention in some instances.
However, their access is limited and at the discretion of
the authorities;
The Ministry of Justice
recognized the need for an
independent monitoring
mechanism;
ICRC had access to all
places of detention;
Prisons had opened up to
public scrutiny, including
access for NGOs, but no
confidential interviews with
detainees;
(c) Magistrates and judges, like
prosecutors, should always ask a
person brought from police
custody how they have been
treated and be particularly
attentive to their condition;
Suspects were afraid to
voice complaints. Members
of the judiciary were
therefore in a particularly
important safeguarding
role; The General
Prosecutor’s Office was
said to rarely investigate
allegations of torture, and
even less frequently to
Government: during a judicial investigation all claims of
the use of torture against persons being investigated are
considered, evidence is gathered, and the court verifies
the full observance of such persons' right to protection;
in the event of a complaint of torture or maltreatment,
the courts immediately call for a forensic examination;
The Supreme Court adopted a decision that evidence
obtained by unlawful means cannot form the basis of a
judgment; this Supreme Court decision was transmitted
to all courts and pre-trial investigation agencies for
A/HRC/13/39/Add.6
6
behaviour and discipline of their
agents, in particular with a view
to eliminating practices of torture
and ill-treatment; the activities of
such procedures should not be
dependent on the existence of a
formal complaint. In addition,
non-governmental organizations
and other parts of civil society
should be allowed to visit places
of detention and to have
confidential interviews with all
persons deprived of their liberty;