78. As a matter of urgent priority, the period
of police custody should be reduced to a time
limit in line with international standards
(maximum of 48 hours); after this period the
detainees should be transferred to a pre-trial
facility under a different authority, where no
further unsupervised contact with the
interrogators or investigators should be
permitted.
While the Criminal Procedure Code authorized
a maximum length of 61 days only in very
specific circumstances, the imposition of such
a long period was applied as a standard
procedure;
79. All detainees should be effectively
guaranteed the ability to challenge the
lawfulness of the detention before an
independent court, e.g. through habeas corpus
proceedings.
Whereas the Criminal Procedure Code
contains a provision allowing to challenge the
validity of detention, the Special Rapporteur
has received numerous indications that this
procedure is not used in practice;
Detainees remained under exclusive police
authority for a period exceeding many times
the maximum period permitted under
international law, making abuses more likely,
and furthermore rendering the detection of
torture significantly more difficult since visible
traces were likely to have disappeared once the
detainee had been released or transferred.
Women held in Social Welfare Centres have
no access to judicial review of their detention.
80. Judges and prosecutors should routinely
ask persons arriving from police custody how
they have been treated, and if they suspect that
they have been subjected to ill-treatment,
order an independent medical examination in
accordance with the Istanbul Protocol, even in
the absence of a formal complaint from the
defendant.
Judges and prosecutors did not routinely
enquire whether persons had been ill-treated
during police custody or initiated any exofficio investigations;
Reports about non-action of judges,
prosecutors and other members of the judiciary
vis-à-vis allegations of torture;
No medical examinations are carried out after
transfer of detainees;
No forensic examinations are carried out in
cases of allegations of abuse.
A/HRC/13/39/Add.6
80
allegations of torture, but it can only make
recommendations.
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