E/CN.4/2006/6/Add.4 page 16 shackled throughout their detention, and are denied adequate food constitute additional punishments which can only be qualified as torture as defined in article 1 of the Convention. 54. Moreover, the severity of the situation is illustrated by the case of Mr. Sedev Bataa (see appendix), who subsequently died in circumstances that led the Special Rapporteur to conclude that he had been tortured to death. IV. CONCLUSIONS AND RECOMMENDATIONS 55. The Special Rapporteur notes that in recent years the Government has taken measures to amend its Criminal Code and Criminal Procedure Code to bring its legislation into line with international human rights standards. However, despite these provisions, he concludes that torture and ill-treatment of alleged criminal suspects persists in Mongolia that perpetrators enjoy impunity, and that in practice there is no effective and adequate means for victims of torture and ill-treatment to obtain justice, compensation and rehabilitation. Accordingly, the Special Rapporteur recommends to the Government of Mongolia that: (a) The highest authorities, particularly those responsible for law enforcement activities, declare unambiguously that the culture of impunity must end and that torture and ill-treatment by public officials will not be tolerated and will be subject to prosecution; (b) The crime of torture be defined in accordance with article 1 of the Convention, with penalties commensurate with the gravity of torture; (c) Those legally arrested should not be held in facilities under the control of their interrogators or investigators for more than the time required by law to obtain a judicial warrant of pre -trial detention, which should not exceed 48 hours . After this period, they should be transferred to a pre -trial facility under a different authority, where no further unsupervised contact with the interrogators or investigators should be permitted; (d) Custody registers be scrupulously maintained, recording of the time and place of arrest, the identity of the police officers, the actual place of detention, the state of health of the person upon arrival at the detention centre, the time family or a lawyer was contacted and visited the detainee, and informa tion about the compulsory medical examinations undertaken upon being brought to a detention centre and upon transfer; (e) Confessions made by persons in custody without the presence of a lawyer and which are not confirmed before a judge should not be admissible as evidence against the persons who made the confession. Serious consideration should be given to video and audio taping of all persons present during proceedings in interrogation rooms ; (f) Judges and prosecutors routinely ask persons brought from police custody how they have been treated and, even in the absence of a formal complaint from the defendant, order an independent medical examination; (g) All allegations of torture and ill-treatment be promptly and thoroughly investigated by an independent authority with no connection to that investigating or