E/CN.4/2006/6/Add.6
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Prevention of torture and ill-treatment through safeguards in the criminal justice system
(e)
Those legally arrested should not be held in facilities under the control of
their interrogators or investigators for more than the time required by law to obtain a
judicial warrant of pretrial detention, which normally should not exceed a period of
48 hours. After this period they should be transferred to a pretrial facility under a
different authority, where no further unsupervised contact with the interrogators or
investigators is permitted.
(f)
Recourse to pretrial detention in the Criminal Procedure Law should be
restricted, particularly for non-violent, minor or less serious offences, and the application
of non-custodial measures such as bail and recognizance be increased.
(g)
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.
(h)
Confessions made without the presence of a lawyer and that are not
confirmed before a judge should not be admissible as evidence. Video and audio taping of
all persons present during proceedings in interrogation rooms should be expanded
throughout the country.
(i)
Judges and prosecutors should routinely inquire of persons brought from
police custody how they have been treated and in any case of doubt (and even in the
absence of a formal complaint from the defendant), order an independent medical
examination.
(j)
The reform of the CPL should conform to fair trial provisions, as guaranteed
in article 14 of ICCPR, including the following: the right to remain silent and the privilege
against self-incrimination; the effective exclusion of evidence extracted through torture;
the presumption of innocence; timely notice of reasons for detention or arrest; prompt
external review of detention or arrest; timely access to counsel; adequate time and facilities
to prepare a defence; appearance and cross-examination of witnesses; and ensuring the
independence and impartiality of the judiciary.
(k)
The power to order or approve arrest and supervision of the police and
detention facilities of the procurators should be transferred to independent courts.75
(l)
Section 306 of the Criminal Law, according to which any lawyer who
counsels a client to repudiate a forced confession, for example, could risk prosecution
should be abolished.
Other measures of prevention
(m)
The Optional Protocol to the Convention against Torture should be ratified,
and a truly independent monitoring mechanism be established - where the members of the
visiting commissions would be appointed for a fixed period and not subject to dismissal - to
visit all places where persons are deprived of their liberty throughout the country.
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