E/CN.4/2001/66/Add.1
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specific complaint had been expressed. This resolution also reiterated the rule that testimonies
obtained under duress shall not be admitted as evidence in court. The Chairperson of the
Supreme Court nevertheless noted that, in her view, most torture allegations in court were made
by defendants to escape responsibility for confessions they had previously made freely. Judges
should always rely on other elements to determine whether the person made a confession under
duress.
99.
On the other hand, the Minister of Justice stated that a complaint of torture must never be
taken prima facie as a defence, but should always be the subject of a careful investigation. The
judiciary also has to play a proactive role in that respect in verifying the information, since he
recognized that victims might be afraid to complain, even in front of a magistrate. It was also
reported that magistrates have been asked, when evaluating evidence, to pay particular attention
to the way evidence was obtained.12 In particular, magistrates should always inquire about
whether defendants have had access to legal assistance. The necessity of having an independent
judiciary was also referred to. In particular, the Minister mentioned the recent process of
selection of new judges, including judges of the Supreme Court, through an examination. He
also suggested that investigators should be instructed to ask for regular medical expertise as soon
as any doubts arise regarding the health conditions of suspects or detainees.
100. According to the Minister, serious measures had been taken against law enforcement
officials found guilty of acts of torture: they had been administratively sanctioned and, in some
cases, criminally prosecuted. Similarly, the General Prosecutor assured the Special Rapporteur
that all cases of torture, illegal detention and denial of access to a lawyer are always investigated
by his Office. A special service has been created within the General Prosecutor’s Office to deal
with such complaints. Furthermore, the head of the Law Enforcement Bodies Department and
the Minister of Justice indicated that in the future amnesty laws will not cover cases of torture.
On 10 March 2000, the special meeting of the Pardon Commission of the Office of the President
is said to have discussed the recommendations of CAT and to have decided that amnesties or
pardons will not apply to persons convicted of torture and inhumane treatment.13 It is also
reported that the five amnesty acts adopted during the period 1996-1999 excluded the possibility
of amnesty for persons charged with or convicted of crimes mentioned in paragraph 2 of
article 168 (“actions ultra vires”) of the previous Criminal Code.14
101. The Special Rapporteur welcomes the information according to which the Ministry of
Foreign Affairs is currently discussing the possibility of making the declarations under
articles 21 and 22 of the Convention against Torture.
102. According to the new Criminal Procedure Code, forensic reports may be obtained from
forensic officials who are under the jurisdiction of the Ministry of Health or from private
doctors. At the time of the visit of the Special Rapporteur, forensic reports were only to be
obtained through instructions given by the police. It was also reported that detainees in pre-trial
detention did not have the right to be attended by their own doctors and detainees and their
lawyers were said not to have the right to arrange forensic medical examination or other expert
analyses.15 No information on the new provisions regarding these issues has been made
available by the authorities concerned to the Special Rapporteur, despite his request.
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