E/CN.4/2004/56/Add.3 page 10 to a remand detention facility. The record or a copy of the record should accompany a detained person if he or she is transferred to another police station or a provisional detention facility. 42. According to the information received, no measures have been taken concerning this recommendation. 43. Recommendation (g) stated: The judicial provisional detention order should never be implemented in a police station. 44. According to the information received, no measures have been taken concerning this recommendation. 45. Recommendation (h) stated: No statement or confession made by a person deprived of liberty, other than one made in the presence of a judge or a lawyer, should have probative value in court, except as evidence against those who are accused of having obtained the confession by unlawful means. The Government is invited to give urgent consideration to introducing video and audio taping of proceedings in police interrogation rooms. 46. According to the information received, there is no legal provision requiring the presence of a lawyer when a person deprived of liberty makes a statement at a police station. Statements and confessions made without the presence of a judge or a lawyer reportedly continue to have probative value in court, if there is no explicit proof of the use of torture. In addition, the burden of proof reportedly lies with the victim, who must demonstrate that he/she has been tortured. 47. Recommendation (i) stated: Where allegations of torture or other forms of ill-treatment are raised by a defendant during trial, the burden of proof should shift to the prosecution to prove beyond reasonable doubt that the confession was not obtained by unlawful means, including torture or similar ill-treatment. 48. According to the information received, no measures have been taken concerning this recommendation. A very limited number of public officials have been convicted of torture compared with the number of torture complaints filed. The Special Rapporteur has also been informed that when the use of torture is claimed during legal proceedings, it is treated merely as a procedural incident. Therefore, the statement of the victim does not have sufficient procedural value to initiate an investigation of the alleged torture. 49. Recommendation (j) stated: Complaints of ill-treatment, whether made to the police or other service itself or the internal affairs department of the service (corregedor) or its ombudsman (ouvidor) or a prosecutor, should be expeditiously and diligently investigated. In particular, the outcome should not be dependent only on proof in the individual case; patterns of abuse should be similarly investigated. Unless the allegation is manifestly ill-founded, those involved should be suspended from their duties pending the outcome of