E/CN.4/1989/15 page 40 in that case, the total period of investigation can amount to 30 days, after which the prosecutor has to decide whether he will officially charge the person or release him. 194. During this whole period, the detainee is entitled to the assistance of a legal counsel. In case of arrest without warrant, no ex post facto warrant may be issued within a 48-hour period, unless it is clear from the documents that a defence counsel has been appointed and the relatives have been informed about the arrest. 195. The Special Rapporteur was told at the Ministry of Justice that an instruction had been issued to the police to send the case to the public prosecutor's office by the seventh day after arrest, in order to enable the prosecutor to abide by the legal term of 10 days. 196. The Special Rapporteur was also informed that it made no difference whether a person was arrested by the police or by a State security agency. In all cases a warrant had to be obtained within 48 hours and the investigation was carried out under the responsibility of the public prosecutor. He ultimately had to decide whether the person will be brought before a military court (if he belonged to the military) or before a civil court (in all other cases), or whether he would be released. A civilian could not be subjected to military jurisdiction unless a state of martial law was declared. 197. Apart from the constitutional provision that any person who is arrested or detained shall have the right to request the court to review the legality of the arrest or detention (art. 12, 6) , any person (whether a detainee or a relative) who feels that his legal rights have been violated can lodge a conplaint with the public prosecutor. He is under a legal obligation to investigate the complaint. In all prosecutor's offices human rights counselling offices have been set up to deal solely with cases involving human rights violations, including complaints about torture or ill-treatment. 198. If a complaint about torture or physical violence is found to be justified, the official can be prosecuted and punished by penal servitude of not more than five years (Criminal Code, art. 125). If the complainant has been injured or has died as a result of the act of torture, an additional penalty may be inflicted (Act concerning Additional Punishment for Specified Crimes, art. 4); moreover the victim is entitled to compensation from the authorities (National Compensation Act, art. 2, 1 ) . 199. The provision in the Code of Criminal Procedure (art. 198, 2) that the public prosecutor is obliged to inspect (at least on a monthly basis) all places of detention within his area, to investigate whether illegal detentions have been made is of great importance for the prevention and suppression of torture. The inspecting prosecutor must examine and question detainees in private. It is not clear whether this competence also covers places of detention where a person is held for interrogation other than normal police stations. During these investigatory visits by the prosecutor, complaints about torture or ill-treatment may be brought up.