A/HRC/19/61/Add.2 capacity are criminalized and supported by adequate penalties commensurate with the gravity of the offence. 76. The Special Rapporteur concludes that arbitrary arrests and forced confessions continue. The same applies to ill-treatment and coercion during arrest and while suspects are in unregistered police custody, denial of access to a lawyer of one’s choosing, lack of independent medical aid, and threats and extortion in exchange for dropping charges. These abuses are usually committed by operative and investigating officers during the first hours after apprehension. 77. The absence of prompt, impartial and full investigations into allegations of torture and ill-treatment makes such acts a crime that goes unpunished. Impunity in turn reinforces reliance on confessions in the administration of criminal justice and to the unfettered discretion of investigating officers to authorize or refuse independent forensic expertise. Cases of torture are practically not addressed and perpetrators are not punished. It is imperative that public confidence in the judiciary and in the fairness and predictability of its rulings be restored. 78. Conditions in pretrial detention facilities are far from compliance with international standards and amount to inhuman and degrading treatment. The Special Rapporteur realizes that the penitentiary system is severely underfunded and suffers from decades of accumulated problems; he nonetheless believes that, with no current overcrowding in places of detention, improving decrepit infrastructures should be easier. Reliance on international assistance and ad hoc projects is, however, not a sustainable solution. A coordinated approach and State budgetary allocations are needed to improve the inhuman conditions in temporary detention facilities. In addition, while recognizing that many of the problems observed are caused by a lack of resources, he notes that some important steps could be taken that are not resourcedependent, such as establishing stronger legal and procedural safeguards and a more widespread application of non-custodial measures for persons accused of petty crimes. 79. Despite the Government’s move to open the detention facilities to external oversight, access is still on an ad hoc basis and has limited impact. The Special Rapporteur was unable to obtain information on any complaints initiated following visits by monitoring bodies. Likewise, the Ombudsman’s office is unable to ensure regular and effective oversight of detention places. It is therefore imperative that a national preventive mechanism be established in accordance with the Optional Protocol to the Convention against Torture and that it be equipped with the and human resources necessary to embark on its mission. B. Recommendations 80. In a spirit of cooperation and partnership, the Special Rapporteur recommends that the Government, with appropriate assistance from the international community, including the United Nations and other actors, take decisive steps to implement the following recommendations: 1. Legislation (a) Amend, as a matter of priority, article 305-1 of the Criminal Code to ensure that torture is defined as a serious crime in accordance with article 1 of the Convention against Torture, sanctioned with penalties commensurate with the gravity of the crime; And ensure in the Law on Amnesty that no person convicted for the crime of torture will be entitled to benefit from an act of amnesty; 18