A/HRC/13/39/Add.4 the person has been illegally held in an unauthorized facility, or when the maximum period of detention has been exceeded without the detainee having access to a judge. 21. A person detained by the police has to be brought before an investigative judge within a maximum of 72 hours. The judge decides on release, pre-trial detention or release on bail (CPA article 497). The investigative judge has sole competence to order pre-trial detention. To facilitate the proper discharge of this duty, Organization Act No. 4/2002 of 20 May 2002 established police courts, which must operate 24 hours per day, 365 days a year. Their decisions may be appealed before the criminal division of the territorial high court (CPA article 518). (b) The Code of Military Justice 22. The Code of Military Justice (adopted in Spain on 17 July 1945) grants jurisdiction to military tribunals over a broad range of civilian offences, disobedience against a military authority, as well as over offences considered to be a “crime against the state”, regardless of whether the defendant is civilian or military. Under the Code of Military Justice, summary trials are conducted, due process is limited (trials are often held in absentia or without proper legal defence) and there is no possibility of appeal. Art. 257 stipulates that nonmilitary offences fall under the Ordinary Criminal Code and must be applied both to members of the military and civilians. 4. Capital punishment 23. Article 13 of the Constitution provides that capital punishment shall only be applied in accordance with the law. In accordance with Penal Code article 405 and 406, the death penalty is to be applied in cases of parricide and of aggravated homicide. Furthermore Law 1/1971 states that the death penalty may also be applied in a number of aggravated crimes including intent to murder, threat to kill the President (art. 1), murder of a member of the Council of Ministers (art. 4), attempt at substituting the Government without popular consent or through illegal means (art. 7), promoting or sustaining a rebellion, or leading a rebel force (art. 9). II. Assessment of the situation A. Conditions of detention Prisons 24. The three prisons in the country were fairly spacious and Black Beach and Evinayong prisons had been completely refurbished, for the most part resulting in sufficient space for the detainees and an acceptable level of hygiene in the sanitary facilities. Most prisoners were allowed to move about freely without any obstacles. However, in all the prisons, the Special Rapporteur received numerous complaints about the quantity and quality of the food, which needed to be complemented by supplies brought by visitors, in case visits were allowed. Although in Black Beach Prison medical doctors were on duty, they could only in some cases treat minor problems and overall access to medical treatment and medicine was severely restricted, and in the Bata and Evinayong Prisons, medical treatment was completely unavailable unless the detainee could afford to pay for it. Consequently, in the majority of cases, even serious illnesses remained untreated. The Special Rapporteur has learned that no statistics are available on the incidence of HIV/AIDS in places of detention and that no HIV/AIDS treatment is available in prisons. 9