period of police custody. The criminal police investigator indicates in the
hearing transcript of any person in police custody all the information provided
and the requests made in keeping with the law. This written information must be
specifically initialed by the person concerned and in case of refusal, it must be
indicated. These requirements must be fulfilled failing which the transcripts will
be deemed invalid.
(2) Measures for the prevention of torture during police custody :
214. In accordance with current legislation, if the PP or his representative deems
it necessary, he may cause a person in custody to be examined by a medical
doctor appointed by him at any time during the legal deadline of police
custody. He may for the same reason and within the same period be contacted
through the criminal investigation officer or by any person or by his counsel; in
this case, he must give authorization for the medical examination requested.
This medical examination shall take place at the location where the person has
been detained if it has not been expressly requested for by the PP at a
previously cost agreed to by the requesting party. In this latter case, the act of
appointing should indicate the existence of such a record.
215. The transcript hearing of any person in police custody must indicate the
day and the hour the person was detained, the reasons for the custody, the
time limit for questioning, the time for rest and the day and the time the person
was released or brought before a competent magistrate. This requirement must
be initialed by persons concerned, failure of which renders the transcripts
invalid.
216. In the branches or services where the criminal investigation officer is
compelled to keep a statement register, the statements and the signatures must
appear on the said register. Only the statements are reproduced in the
transcripts forwarded to the judicial authority.
217. When abuses are observed on the part of the criminal investigation officers
in the implementation of measures relating to police custody, the PP or his
representative informs the Attorney General who then informs the Indictments
Division. The victim of the alleged abuses can also inform the Indictments
Division by application.70 The latter, by virtue of the powers conferred on it by
Articles 213, 216 and 217 of the Criminal Procedure Code may either temporarily
or definitively withdraw the status as criminal police officer from the alleged
perpetrator of the abuses, or return the records to the Attorney General’s office
to institute legal action, if it is determined that an offence was committed to
infringe the law.
70
See Law No 1999-06 of 29 January 1999.
48