A/65/44 (a) Credible allegations that investigations and prosecutions relating to acts of torture and cruel, inhuman or degrading treatment are not carried out systematically and that perpetrators who are convicted receive light sentences that are not proportional to the seriousness of their crimes; (b) The fact that prior authorization from the Ministry of Defence is required to prosecute gendarmes and military personnel for offences committed in military barracks or while on active duty; (c) The lack of measures to protect complainants and witnesses against illtreatment and intimidation after they lodge complaints or give evidence, which means that only a limited number of complaints are lodged for acts of torture or cruel, inhuman or degrading treatment; (d) Article 30, paragraph 2, of the Code of Criminal Procedure, under which “the officer, judicial police officer or law enforcement officer who carries out the arrest requests that the person to be arrested accompany him or her and, if the person refuses, uses whatever force is necessary in proportion to the resistance met”; (e) The lack of exhaustive statistics on the number of investigations and prosecutions of law enforcement officers for acts of torture or cruel, inhuman or degrading treatment (arts. 2, 12, 13 and 16). The State party should demonstrate its firm commitment to eliminating the persistent problem of torture and impunity and: (a) Publicly and unambiguously condemn the use of all forms of torture, addressing in particular law enforcement officers, the armed forces and prison staff, and including in its statements clear warnings that any person committing or participating in such acts or acting as an accomplice shall be held personally responsible before the law and shall be liable to criminal penalties; (b) Take immediate steps to ensure that, in practice, all allegations of torture and ill-treatment are the subject of prompt, impartial and effective investigations and that those responsible — law enforcement officers and others — are prosecuted and punished without the need for prior authorization from their superiors or from the Ministry of Defence. Investigations should be conducted by a fully independent body; (c) Ensure that, in cases of alleged torture, suspects are suspended from duty immediately for the duration of the investigation, particularly if there is a risk that they might otherwise be in a position to obstruct the investigation; (d) Ensure that, in practice, complainants and witnesses are protected from any ill-treatment and acts of intimidation related to their complaint or testimony; (e) Revise article 30, paragraph 2, of the Code of Criminal Procedure and ensure that any act of torture and cruel, inhuman or degrading treatment is met with prosecution and the appropriate convictions; (f) Compile relevant and comprehensive statistics as soon as possible on complaints, inquiries, legal proceedings, convictions and sentences passed in cases of torture or cruel, inhuman or degrading treatment. Constitutional Council (21) The Committee notes with satisfaction the establishment on 21 April 2004 of the Constitutional Council as the body regulating State institutions. However, it notes with concern that this institution has yet to start work, as its members have not been appointed. It 86 GE.10-44721