A/HRC/13/42* page 145 Country Response territory of another State. • No, secret detention is not an effective measure in countering terrorism. There has been no case in which such secret detention has been effective. Peru emphasizes its compliance with all international obligations. • There is legislation allowing police to arrest persons who are caught in the act of committing a crime. They are informed of the reason for the arrest, presumed innocent, have a right to physical integrity, and right to lawyer and doctor, and to communicate with family and friends. There are also requirements which arise in cases where police carry out an arrest pursuant to an arrest warrant: to inform the person of the reasons for the arrest; to inform the magistrate, the reason of detention and which authority had ordered the arrest; report the arrest to the magistrate who needs to put the detainee before the judge who issued the arrest warrant; and to inform the detainee of their rights. 30. Philippines • Facilities and practices of secret detention; such practices contravene the Constitution which expressly prohibits secret, solitary and incommunicado detention and torture, and are not used. Specific laws provide penalties for those who violate requirements in relation to the arrest, interrogation and detention of those suspected of terrorism. 31. Poland • On 11 March 2008, the district Prosecutor’s Office has instituted proceedings on the alleged existence of secret CIA prisons in Poland. This was referred to the Appellate Prosecutor Office on 1 April 2009. The prosecutors are gathering evidence which is considered secret or classified. • To ensure the proper course of the proceedings, the prosecutors are bound by confidentiality and cannot reveal the findings. Once the proceedings are completed and the findings are made public, the Government may respond. 32. Romania • No instances of secret detention in the penitentiary system • No involvement or collaboration in secret detention on the territory of another State • No further comments on effectiveness of secret detention or other counter-terrorism measures or on past experiences with secret detention.

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