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Published February 15, 2021 | Version v1
Journal article Open

Protection of torture victims: procedural guarantees

  • 1. Secţia urmărire penală al Inspectoratului de poliţie Botanica al Direcţiei de poliţie a municipiului Chişinău

Description

The article is devoted to the issue of protection of victims of torture as an imperative of a rule of law. The analysis focuses on the aspect of procedural guarantees regulated by international and national legal acts. Such moments as: regulating the person’s right to be protected against acts of torture; guaranteeing the right to file a complaint against ill-treatment without delay; guaranteeing access to a lawyer; guaranteeing the right to inform a third person about the fact of detention; guaranteeing the victim’s right to access a doctor; mandatory submission of an expert assessment of the victim of ill-treatment; guarantee the right of the victim to request the application of protective measures; guarantee the right of the victim to a fair judicial process. The practice, however, shows serious shortcomings in this area (victims often remain completely unprotected). Therefore, compliance with the relevant regulatory framework requires increased responsibility of state agents involved in such procedures, as well as strengthening their legal, including criminal, liability.

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