Fundamental guarantees against torture and other ill-treatment during initial periods of detention Cover Image

Garanțiile fundamentale împotriva torturii și altor rele tratamente în perioada inițială de detenție
Fundamental guarantees against torture and other ill-treatment during initial periods of detention

Author(s): Oleg Rusu, Nicolae Gulceac
Subject(s): Law, Constitution, Jurisprudence, Criminal Law
Published by: Academia “Stefan cel Mare” a MAI al Republicii Moldova
Keywords: Human rights; torture; ill-treatments; police custody; notification of the detention; access to a lawyer; medical examination;

Summary/Abstract: According to the authors, torture is one of the most serious crimes that threaten the creation of a democratic society. Torture violates fundamental human rights, being prohibited by international and national legislation. Despite this, it is still present in most states. Within this context, the three rights of persons detained by the police are analyzed which are considered by the European Committee for the Prevention of Torture and Inhuman or Degrading Treatment or Punishment (CPT) as having particular importance, and namely: the right of the person in question to notify a third party of his choice on his detention (a family member, a friend, the consultant); the right to have access to a lawyer; the right to request a medical examination by a doctor chosen by him (in addition to any medical examination performed by a doctor called by the police authorities).

  • Issue Year: 1/2024
  • Issue No: 20
  • Page Range: 181-192
  • Page Count: 12
  • Language: English, Romanian
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