3. during arrest or convoy where there is danger of absconding or for the life of the person arrested or conveyed or
for other persons.”
C. Remedies against ill-treatment by police
1. Criminal remedies
57. Article 190 of the Code of Criminal Procedure (1974) (“CCP”) states:
“There shall be considered to exist sufficient evidence for the institution of criminal proceedings where a reasonable
supposition can be made that a crime might have been committed.”
58. In respect of most serious crimes, and all crimes allegedly committed by civil servants in the
exercise of their duties, criminal proceedings cannot be brought by a private individual, but only
by the decision of a public prosecutor (CCP, Articles 192 and 282-285).
According to Articles 192 and 194(3) of the CCP, when a prosecutor has refused to institute
criminal proceedings, such proceedings can be instituted by a higher prosecutor upon the petition
of the interested person or ex officio.
59. The victim of an alleged crime can join criminal proceedings as a civil party in order to seek
compensation (CCP, Chapter II, Articles 60-64).
2. Civil remedies
60. The Law on Obligations and Contracts provides in Article 45 that a person who has suffered
damage can seek redress by bringing a civil action against the person who has, through his fault,
caused the damage. The Law on State Responsibility for Damage provides that a person who has
suffered damage due to the unlawful act of a civil servant can bring an action against the State
authority concerned.
61. The Code of Civil Procedure provides, in Articles 182(d) and 183, that a court examining a
civil action:
“182. … shall suspend the proceedings:
(d) whenever criminal elements, the determination of which is decisive for the outcome of the civil dispute, are
discovered in the course of the civil proceedings.
183. Proceedings which have been suspended shall be resumed ex officio or upon a party’s petition after the
respective obstacles have been removed ...”
Article 222 of the Code of Civil Procedure provides: