E/CN.4/2006/6/Add.2 page 68 312. According to information received from NGOs, the burden of proving that the detainee was subjected to torture or ill-treatment is still on the detainee. The detainee has to demonstrate conclusive proof that he or she was subjected to torture or ill-treatment. 313. The Government informed that according to Article 148 of the Criminal Procedure Code, statements obtained by the use of prohibited methods shall not be considered as evidence, even if the accused has given their consent. This issue is addressed in training activities of law enforcement agencies. As a safeguard against the use of evidence obtained by torture or other ill-treatment, a new paragraph was added to Article 38 of the Constitution which provides that evidence obtained by prohibited means cannot be admitted in evidence. The accused person does not bear the burden of proving that the statement was obtained by prohibited means. 314. Recommendation (f) stated: Prosecutors and judges should diligently investigate all allegations of torture made by detainees. In the case of prosecutors in the State Security Courts, allegations should also be referred to the public prosecutor for criminal investigation. The investigation of the allegations should be conducted by the prosecutor himself or herself and the necessary staff should be provided for this purpose. 315. According to information received from NGOs, there has been no significant change in practice regarding the investigation of torture allegations. There are no specialized personnel employed to investigate torture allegations. The judiciary still appears unwilling to investigate allegations of torture and ill-treatment. 316. The Government informed that torture and ill-treatment are punishable by sentences of up to 15 years’ imprisonment. Accordingly, allegations of torture and ill-treatment are taken seriously and diligently by the judiciary at all stages of the investigation and trial process. The Government reported that the State Security Courts have been abolished. 317. Recommendation (g) stated: Prosecutors and the judiciary should speed up the trials and appeals of public officials indicted for torture or ill-treatment. Sentences should be commensurate with the gravity of the crime. The protection against prosecution afforded by the Law on the Prosecution of Public Servants should be removed. 318. According to information from NGOs, the investigation, trial process and related appeals are still lengthy. The investigation of torture and ill-treatment allegations can take over five years in some cases. Furthermore, the appeal process can take over two years in some cases. The new Criminal Procedure Code, which came into force on 1 June 2005, has reversed the legal amendments that were passed in 2003 to prevent suspended sentences or commutations from being applied to persons that were found guilty of torture or ill-treatment. The new Criminal Procedure Law allows suspended sentences and commutations to be applied to persons found guilty of torture or ill-treatment. Furthermore, the Law on the Prosecution of Public Servants contained a number of privileges preventing prosecutors from launching legal proceedings against alleged perpetrators of torture or ill-treatment. These privileges were gradually removed by successive legislative amendments. However, an amendment was made to the law on 25 June 2005, reintroducing a number of privileges that prevent prosecutors from launching cases against alleged perpetrators of torture and ill-treatment.