A/65/44 Pretrial detention (12) The Committee expresses its concern at the system of pretrial detention, in which lengthy periods are set by reference to the penalty for the offence of which the person stands accused (arts. 2, 11 and 16). The State party should take appropriate measures to ensure that its pretrial detention policy is appropriate to the unconvicted status of persons in detention, meets international standards, inter alia, the Body of Principles for the Protection of All Persons under Any Form of Detention or Imprisonment, and that such detention is used as an exceptional measure for a limited period of time. Furthermore, the Committee encourages the State party to apply non-custodial measures as an alternative to pretrial detention. Parliamentary advocates and national preventive mechanism (13) The Committee notes with concern that serious legislative and logistic constraints impede effective functioning of the national preventive mechanism established under the Optional Protocol to the Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment. The Committee is particularly concerned about the lack of clarity as to what constitutes the national preventive mechanism (arts. 2, 11 and 16). The State party should clarify what constitutes the national preventive mechanism, and strengthen the independence and capacity of parliamentary advocates and the national preventive mechanism, including its consultative council, to carry out regular and unannounced visits to all places of detention. In particular, the State party should: (a) Clarify the legal provisions in relation to the rights of members of the national preventive mechanism to conduct regular and unannounced visits to all places of detention, without restriction, and to ensure that all members of the consultative council enjoy equal status as part of the national preventive mechanism, to enable it to fulfil its role effectively as a torture-prevention mechanism; (b) Provide the national preventive mechanism as a whole, including the consultative council, with adequate support and resources, including logistic and secretarial support; (c) Provide training and take relevant measures to ensure that all persons conducting visits under the Optional Protocol to the Convention are able to fulfil their role in documenting treatment of individuals in detention; (d) Ensure that all persons involved in the administration of places of detention are aware of the rights of all members of the national preventive mechanism to have unhindered and unaccompanied access to all areas in all places where persons are deprived of their liberty, without any form of prior notice; these powers should include the possibility for the national preventive mechanism to examine, on demand, detention-related registries, including medical registries, taking due account of the rights of the persons concerned; (e) Initiate disciplinary proceedings against officers who interfere with the free access of all persons conducting visits under the Optional Protocol to the Convention to all places where people are deprived of their liberty, or otherwise deny them private and confidential access to detainees, restrict their ability to review and copy registries and other relevant documents, or otherwise interfere with the performance of their duties; (f) Ensure that, as a rule, and unless there are compelling human rights reasons to the contrary, the report and recommendations of each individual visit of GE.10-44721 39