A/HRC/7/3/Add.2 page 6 article 233(5) CCP. Article 153 CCP guarantees the right of a detainee to refuse a lawyer. According to article 92(12) CCP, the officer leading the preliminary investigation, the investigator, the prosecutor or the court may accept the refusal from the lawyer in a case where the suspect or accused person makes this request on his own initiative, voluntarily and in presence of a lawyer or trusted person. The refusal of the suspect or the accused of a lawyer because of the lack of means to pay for legal assistance is not accepted, and a lawyer is provided for him. Article 125(2) CCP provides that evidence obtained in violation of a defendant’s rights is not permitted. Such information is considered of no legal force and cannot be used as proofs (article 125(3)). Evidence obtained in violation of the above-mentioned provisions may be used only in proving violations and the culpability of persons who committed them (article 125(4)). The persons detained at the investigation department of the Ministry of National Security are represented by lawyers; investigations as well as questionings of suspects and accused are held in presence of a lawyer; and detainees are provided with the opportunity to meet with their lawyers without any limits, in private and confidentially. Each suspected and accused person is given a written notification about his rights and duties in accordance with the provisions of the legislation of criminal procedure. The right to make a complaint about the acts of an investigator to the prosecutor and the court is explained. 18. Recommendation (f) stated: Given the numerous reports of inadequate legal counsel provided by State-appointed lawyers, measures should be taken to improve legal aid services. 19. Legal bases for establishing the new bar, separate from governmental bodies, is found in the Law on “Barristers and barrister activity,” adopted in 1999. It is one of the legal reforms implemented in the country, and aims to equalize the rights of the lawyer representing the defending side with the accusing side. The law sets out the main principles of the bar’s activity in providing high-quality legal assistance, and also sets out the legal status of lawyers and the basis of their autonomy. A special commission was established in accordance with article 13 of the law in order to examine candidates for the bar, in accordance with the requirements provided for by law and their professional training. The commission has the authority to subject candidates to examinations consisting of written tests and interviews to determine whether they are qualified for the bar. If necessary it can request documents and information on issues in question from governmental bodies, and other legal and physical persons. 20. Recommendation (g) stated: Video and audio taping of proceedings in police interrogation rooms should be considered. 21. During the last several years, 26 investigative rooms of 64 temporary detention centres were equipped with video installations. Work in other isolators is intended to be finished by the end of 2008. 22. Recommendation (h) stated: Given the numerous situations in which persons deprived of their liberty were not aware of their rights, public awareness campaigns on basic human rights, in particular on police powers, should be considered.

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