CAT/OP/BEN/3 29. The Subcommittee recommends that the State party enhance training of and awareness-raising among police officers and gendarmes so that, in all places and in all circumstances, persons in custody are informed of all their rights. (b) Right of access to a lawyer 30. The right of access to a lawyer is explicitly mentioned in articles 59, 72 and 78 of the new Code of Criminal Procedure. The Subcommittee received reports that, in most cases, people were informed of their right to appoint a lawyer. However, the Subcommittee is concerned about information transmitted by the national authorities and police and gendarmerie stations according to which nearly half of the persons in custody were unable to afford a lawyer. It was also clear from other information obtained by the Subcommittee from the authorities and police and gendarmerie stations that, while in custody and during pretrial investigations, persons assisted by lawyers could send for them during the period before the start of the hearing. Lawyers could assist their clients during questioning and make any necessary comments. In cases where a hearing was conducted in the absence of a lawyer, that absence was reflected in the record of the hearing. The Subcommittee wishes to emphasize that this is an improvement over the findings noted in its previous report.4 31. The Subcommittee recommends that the State party ensure that the provisions of the Code of Criminal Procedure and the Nelson Mandela Rules are fully implemented, with a view to enabling persons taken into custody, in all cases, to have access to a lawyer from the moment of their detention. (c) Right to a medical examination 32. The right to a medical examination is guaranteed in articles 59 and 63 of the new Code of Criminal Procedure. As in 2008, the Subcommittee is concerned that these provisions are poorly enforced. Interviews conducted by the Subcommittee made it clear that most persons held in custody had not been informed of their right to a medical examination and that such an examination was not systematically offered to them when they were taken into custody. The Subcommittee was nonetheless informed that persons who were sick were asked if they wished to see a doctor or undergo a medical examination at the nearest clinic. In addition, the Subcommittee was informed that initial care was charged to persons who were sick, some of whom therefore went without treatment. 33. The Subcommittee recommends that a medical examination be routinely provided for all arrested persons as soon as possible after they are brought into custody, especially if they show signs of ill health, whether they stem from the arrest or not. The Subcommittee also recommends that the State party set up registers at all facilities in which to record the medical examinations and the care provided to persons held in custody. (d) Right to notify family members 34. This right is established in article 59 of the new Code of Criminal Procedure. In its previous report, the Subcommittee noted that several people had reported that they had been unable to notify their families of their arrest, despite repeated requests. The Subcommittee noted a clear improvement in respect for this right. Most detainees reported having been informed of their right to contact their families and had been able to do so. 35. The Subcommittee recommends that the State party ensure that, in all cases and in all circumstances, persons taken into custody are able to contact their families and that it provide those who lack the wherewithal to do so with access to means of communication. (e) Duration of initial custody 36. Under articles 57, 61 and 62 of the Code of Criminal Procedure, a suspect may be held in custody for 48 hours. This period may be extended by authorization of the State 4 6 CAT/OP/BEN/1, para. 83. GE.18-16165