A/HRC/7/3/Add.2 page 45 injury from a crime can attach a civil action for compensation to a criminal case. The provision if of a general character and may be applied to all cases involving material, moral or physical injury on face. Consequently, Chapter IV is applicable to cases of torture, ill-treatment and excessive use of force. The civil action is generally brought against an accused. However, article 33(4) CPC contains a safeguard ensuring the protection of the best interests of the victims of the crimes of torture (article 144), threat of torture (article 144), and inhuman or degrading treatment (article 144). In the aforementioned instances, if the accused is a state official seeking to avoid appearing before law-enforcement organs and whose whereabouts are unknown, the State has the obligation to appear as a respondent in civil actions for compensation. That is, in such cases, a victim may file a civil action against the State through separate civil law proceedings. Consequently, the mentioned provision is an effective tool ensuring the redress of the crimes of torture and inhuman treatment through compensation, even in the cases when the alleged offender is not found. In all other instances it is the offender who should pay reparation on the basis of court orders. The order on the payment of compensation is included in the guilty verdict (article 41(1) CPC). 194. Chapter XXVIII entitled, “Rehabilitation and compensation for damages resulting from illegal or unsubstantiated actions of the law-enforcement organs,” articles 221-229, deals with compensation for damages sustained as a result of illegal or unsubstantiated actions by law-enforcement organs. Compensation can be claimed for injuries on the basis of illegal procedural action on the part of state organs that is, arrest, detention, search, seizure, etc. Article 224 refers to compensation for injuries sustained in the course of unlawful or unsubstantiated detention. Articles 221 and 224 would thus be applicable to victims of torture and ill-treatment as well. Physical as well as material and morale damage is subject to compensation. Compensation is granted no matter whether the state officials are actually guilty. Apart from the criminal proceedings, the victim may claim compensation through civil law proceedings. 195. The Government has taken note of the fact that there are no cases of victims of torture or ill-treatment employing the aforementioned mechanisms to acquire compensation, therefore certain positive and pro-active steps have been planned. Namely, the Draft Action Plan on Fight against Torture envisages measures aimed at raising public awareness regarding the right to compensation for the victims of torture, other inhuman or degrading treatment or punishment. This activity has been incorporated in the Draft Action Plan specifically to encourage compensation requests by the victims. 196. Recommendation (h) stated: Necessary measures be taken to establish and ensure the independence of the judiciary in the performance of their duties in conformity with international standards (e.g. the Basic Principles on the Independence of the Judiciary). Measures should also be taken to ensure respect for the principle of the equality of arms between the prosecution and the defence in criminal proceedings; 197. According to non-governmental sources, the Government has a long way to go in terms of reform to ensure judicial independence and build public trust.