CAT/OP/MKD/1
17.
The Subcommittee recommends that the Criminal Code be revised to ensure it
conforms to the Convention against Torture and Other Cruel, Inhuman or Degrading
Treatment or Punishment, as recommended by the Committee against Torture (see
CAT/C/MKD/CO/3, para. 15). It also recommends that clear and effective
mechanisms be established to report cases of torture and ill-treatment; that all such
allegations are promptly and impartially investigated; and that perpetrators are
prosecuted, pursuant to article 12 of the Convention. Detainees should be made aware
of those mechanisms and those who complain about torture and ill-treatment should
be protected from physical, disciplinary or administrative reprisals. The
Subcommittee recalls that the fight against impunity is an important means of
preventing torture and ill-treatment.
III. Police detention
A.
Fundamental safeguards
18.
The Subcommittee is content to note that it was not informed about any instances of
persons being held for longer than 24 hours in police custody and that pretrial detainees
appear to be sent systematically to a separate facility (rather than being returned to the
police station) after their appearance before a judge. However, as regards notification of the
right to inform a third party, the right to a lawyer and to a medical examination by a doctor
of the person’s choice, it appears that, while persons are informed of those rights, they are
not all observed in practice.
19.
The Subcommittee notes that while detainees appear to be informed of their right to
a lawyer at the outset of their apprehension, the majority appear not to retain one, either for
financial reasons and/or a belief that it is not worthwhile. As acknowledged by the State
party during the mission, the free legal aid system (under the Law on Free Legal Aid,
Official Gazette No. 161/09 and 185/11) is not yet operational. Legal services are only
provided by lawyers on a pro bono basis (a list drawn up by the Bar Association). These
lawyers are often inexperienced, slow to arrive and sometimes do not appear at all. The
Subcommittee is concerned that this situation may contribute to the apparent trend of plea
bargaining, which may lead to an over-reliance on confessions by the police and judiciary.
20.
The Subcommittee is concerned that medical screening is not carried out
systematically upon arrival at police stations and that detainees only see a doctor if the
person requests it or the police observe signs on the person that they need a doctor. It also
noted an isolated case of police failing to notify third parties.
21.
The Subcommittee recommends that the State party:
(a)
Ensure that detainees have access to a lawyer of their choice immediately
after their arrest and that their lawyer is present during interrogation;
(b)
Operationalize the legal aid system, to ensure prompt, effective and
quality representation for all detainees, on an equal basis;
(c)
Provide adequate legal safeguards to defendants in the context of plea
bargaining, to ensure the transparency of the process and prevent any abuse and
coercion;
(d)
Provide appropriate training to medical and legal staff on the Manual on
Effective Investigation and Documentation of Torture and Other Cruel, Inhuman or
Degrading Treatment or Punishment (Istanbul Protocol), including to lawyers
providing legal aid through independent professional bodies;
(e)
Conduct systematic medical screening of detainees, when necessary, in
accordance with the Istanbul Protocol;
(f)
Ensure that all allegations or complaints of torture and/or ill-treatment
are communicated to the appropriate authorities to be promptly, impartially and
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