(e) Confessions made by a person under police detention without the presence of a lawyer should not be admissible as evidence against the person; Coerced confessions were said to be used by the Prosecutor General’s Office as evidence to secure convictions; Government: the CPC provides that the defence counsel has the right to be present when a suspect or an accused person is searched or arrested and grants the right of a suspect or accused person to refuse a lawyer (article 153); The Plenary of the Supreme Court had issued a resolution, inter alia, reiterating that testimonies obtained under duress shall not be admitted as evidence to court. The right of self-defence, along with the right to legal assistance, are also contained in article 90 CC; The testimony given by a person who has refused a lawyer at the temporary detention centre may be accepted as evidence even if no lawyer was present; CCP article 92(12) CCP holds that the investigator, the prosecutor or the court may accept the refusal from the lawyer in a case where the suspect or accused person makes this request on his own initiative, voluntarily and in presence of a lawyer or trusted person; The refusal of the suspect or the accused of a lawyer because of the lack of means to pay for legal assistance is not accepted, and a lawyer is provided for him; CCP article 125(2) provides that evidence obtained in violation of a defendant’s rights is not permitted; such information is considered as having no legal force (article 125(3)). Non-governmental sources: trial monitoring conducted by NGOs showed that the courts continue to rely on confessions that may have been obtained by torture or ill-treatment; It was possible to identify a pattern whereby judges fail to take allegations seriously and do not initiate detailed investigations. (f) Given the numerous reports of inadequate legal counsel provided by State-appointed lawyers, measures should be taken to improve legal aid Detainees’ access to lawyers often restricted; Police pressured detainees not to seek counsel or to accept State-appointed Government: a new law, elaborated in cooperation with the Council of Europe and the OSCE with the aim of enhancing the effectiveness of the provision of legal aid, entered into force in August 2004. For awareness raising purposes a booklet "Human Non-governmental sources: There are reports of confessions being obtained in violation of the rights of the accused to the assistance of an interpreter and defence lawyer, as well as detainees being coerced into signing statements incriminating themselves. There are also reports of the fabrication of documents including transcripts of interrogations. A/HRC/13/39/Add.6 8 been awarded compensation as a result of torture or illtreatment;

Select target paragraph3