366. In addition, it was inquired what the impact had been on the level of
violence in the country of the establishment of the Office of the Presidential
Adviser for the Defence/ Protection and Promotion of Human Rights and the
Office of the Presidential Adviser for Rehabilitation, Normalization and
Reconciliation; what measures had been taken to provide assistance to persons
displaced by the violence; what specific measures had been taken to prevent
mass murders by paramilitary groups; what was the average period as well as
the maximum length of pretrial detention and remand in custody under the 1990
Anti-terrorist Act and during a state of emergency; and whether persons
deprived of their liberty could be held incommunicado. Further information
was also sought on article 233 of the Penal Code.
367. In his reply, the representative of the State party emphasized that, in
response to the firm stand taken by the President/ preventive measures had
been adopted to avoid the recurrence of acts of torture, disappearances and
extrajudicial executions. Senior military officers had condemned such illegal
actions, generally committed by low-ranking officials, and there had been
official requests to external bodies to investigate allegations of violations
perpetrated by the military. Investigations of members of the police or armed
forces accused of extrajudicial executions, homicide, torture or mass murder
were carried out by examining magistrates from civilian or military courts.
To address the problem of disappearances, which remained of serious concern, a
new national investigation body, the Fiscalfa, had been established to
coordinate investigations and assist with the identification of victims who
had been killed.
368. The new Code of Penal Procedure had established measures intended to
reduce the possibility of torture while in detention. In 1991, the length of
time an individual could be detained before being charged had been reduced to
5 days in civil cases and 24 hours in cases of detention under military
jurisdiction. In addition, the Red Cross had been given access to all places
of detention. Public attorneys, lawyers from the Office of the AttorneyGeneral and municipal officials routinely visited prisoners and the police and
military were required to notify municipal officials within 24 hours of any
arrest. Another protection was the requirement for immediate access to a
lawyer upon arrest and the prohibition of incommunicado detention.
Furthermore, under article 29 of the Constitution, confession or testimony not
given freely could not be used in court proceedings and detained persons could
remain silent and could not be forced to testify against themselves or their
families. As a consequence of those measures, complaints of torture had
dropped drastically although some complaints of torture during the time of
transfer to a place of detention after arrest were still being received.
Specific cases of torture that had occurred under the old system were still
being investigated and over 200 military or police personnel accused of
violence against persons, such as murder, mass murder or torture, had been
suspended.
369. The Office of the Presidential Adviser for the Defence, Protection and
Promotion of Human Sights received complaints and reports of human rights
violations and carried out follow-up work on investigations conducted by other
institutions. The Office of the Presidential Adviser for Reconciliation,
Normalization and Eehabilitation formulated policies aiming at a negotiated
peace with guerrilla groups and followed cases of abduction, summary execution
and other acts carried out by guerrillas. The Office of Public Defender
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