E/CN.4/2004/56 page 10 36. The Special Rapporteur considers that prompt and independent medical examination upon a person’s admission to a place of detention, as provided by rule 24 of the Standard Minimum Rules and principle 24 of the Body of Principles on Detention, constitutes one of the basic safeguards against ill-treatment. The Special Rapporteur reiterates his recommendation that “at the time of arrest, a person should undergo a medical inspection, and medical inspections should be repeated regularly and should be compulsory upon transfer to another place of detention” (ibid.). Further, in accordance with, inter alia, article 6 of the United Nations Code of Conduct for Law Enforcement Officials, rules 22 to 26 of the Standard Minimum Rules and principle 24 of the Body of Principles on Detention, the protection of the health of persons in custody shall be ensured during the whole period of detention. 37. The safeguards described above are particularly undermined when the detained persons are kept in incommunicado detention or at undisclosed places of detention. The Commission on Human Rights has repeatedly made pronouncements on this matter. In its resolution 2003/38 (para. 14), the Commission “reminds all States that prolonged incommunicado detention may facilitate the perpetration of torture and can in itself constitute a form of cruel, inhuman or degrading treatment, and urges all States to respect the safeguards concerning the liberty, security and the dignity of the person”. The Human Rights Committee, in general comment No. 20, has also stressed that “provisions should … be made against incommunicado detention” (para. 11). The Special Rapporteur refers to a previous report to the General Assembly (A/54/426), in which the former Special Rapporteur, Sir Nigel Rodley, stated that incommunicado detention is the most important determining factor as to whether an individual is at risk of torture. The present Special Rapporteur reiterates the recommendation of his two predecessors and urges all States to declare incommunicado detention illegal. 38. Incommunicado detention is aggravated when individuals are held in secret places of detention. The Special Rapporteur reiterates that “the maintenance of secret places of detention should be abolished under law. It should be a punishable offence for any official to hold a person in a secret and/or unofficial place of detention. Any evidence obtained from a detainee in an unofficial place of detention and not confirmed by the detainee during interrogation at official locations should not be admitted as evidence in court” (ibid., para. 26 (e)). 39. Another key safeguard to prevent incidents of torture or other forms of ill-treatment is the prompt and effective access of individuals deprived of their liberty to a judicial or other competent authority. As the previous Special Rapporteur recalled in a report, prompt judicial intervention serves as guarantee that there will be no breach of the non-derogable right not to be subjected to torture or other forms of ill-treatment (see A/54/426, paragraph 42). This safeguard is reflected in article 9 of ICCPR and principles 11, 32 and 37 of the Body of Principles on Detention. The judicial or other competent authority shall review the lawfulness of the detention as well as monitor that the detained individual is entitled to all his/her rights, including the right not to be subjected to torture or other forms of ill-treatment. The Special Rapporteur refers to his general recommendation in which he states that “provisions should give all detained persons the ability to challenge the lawfulness of the detention, e.g. through habeas corpus or amparo. Such procedures should function expeditiously” (E/CN.4/2003/68, para. 26 (i)). 40. In the exercise of his functions, the Special Rapporteur continues to receive allegations that no adequate measures have been taken after complaints of torture have been brought to the attention of the competent authorities. The Special Rapporteur is concerned that this may