A/65/44 been prosecutions under article 37 of the Public Security Law of 1965 as the lex specialis, calling solely for disciplinary action. The Committee is further concerned that article 61 of the Penal Code stipulates that a person shall bear no criminal responsibility for acts performed in accordance with orders given by someone of higher rank (arts. 2, 4, 12 and 16). As a matter of urgency, the State party should take immediate and effective measures to prevent acts of torture and ill-treatment throughout the country, including announcement of a policy that would produce measurable results in the eradication of torture and ill-treatment by State officials. The State party should ensure that all allegations of torture and ill-treatment are investigated promptly, effectively and impartially, and that the perpetrators are prosecuted and convicted in accordance with the gravity of the acts, as required by article 4 of the Convention. Furthermore, the State party should amend its legislation in order to explicitly provide that an order from a superior officer or a public authority may not be invoked as a justification of torture. Complaints and prompt and impartial investigations (11) The Committee expresses its concern at the high number of complaints of torture and ill-treatment by law enforcement, security, intelligence and prison officials, the limited number of investigations carried out by the State party in such cases, and the very limited number of convictions in those cases which are investigated. Additionally, the Committee is concerned that the existing investigative bodies lack the necessary independence to review individual complaints about misconduct committed by security officials. The Committee also regrets the lack of detailed information, including statistics, on the number of complaints of torture and ill-treatment and results of all the proceedings, both at the penal and disciplinary levels, and their outcomes (arts. 11, 12 and 16). The State party should strengthen its measures to ensure prompt, thorough, impartial and effective investigations into all allegations of torture and ill-treatment of convicted prisoners and detainees and to bring to justice law enforcement, security, intelligence and prison officials who carried out, ordered or acquiesced in such practices. In particular, such investigations should be undertaken by an independent body. In connection with prima facie cases of torture and ill-treatment, the alleged suspect should as a rule be subject to suspension or reassignment during the process of investigation, to avoid any risk that he or she might impede the investigation or continue any reported impermissible actions in breach of the Convention. The State party should prosecute the perpetrators and impose appropriate sentences on those convicted in order to ensure that State officials who are responsible for violations prohibited by the Convention are held accountable. Fundamental legal safeguards (12) The Committee expresses its serious concern at the State party’s failure in practice to afford all detainees, including detainees held in facilities of the General Intelligence Directorate and the Public Security Department, all fundamental legal safeguards from the very outset of their detention. Such safeguards comprise the right to have prompt access to a lawyer and an independent medical examination, to notify a relative, and to be informed of their rights at the time of detention, including about the charges laid against them, as well as to appear before a judge within a time limit in accordance with international standards. The Committee is particularly concerned that an arrested person does not have the right to a lawyer from the moment of arrest, and especially during the initial stage between arrest and being presented to the prosecutor, and that articles 63, paragraph 2, and GE.10-44721 103