The State party should finalize the reform of the whole system of justice in order to, inter alia, introduce an oral accusatory model of criminal proceedings which fully incorporates the presumption of innocence and guarantees the application of the principles of due process in the evaluation of evidence. (13) The Committee notes with concern the reports it has received about the existence of the practice of arbitrary detention in the State party. The State party should take the necessary steps to prevent all forms of detention which may be conducive to the practice of torture, investigate allegations of arbitrary detention and punish any persons who have committed an offence. (14) The Committee notes with concern that cases of torture committed by military personnel against civilians during the performance of their duties continue to be tried in military courts. The Committee is also concerned that, while reforms have been proposed in this area, torture inflicted on military personnel is still not defined as an offence under military law. The State party should ensure that cases involving violations of human rights, especially torture and cruel, inhuman or degrading treatment, committed by military personnel against civilians, are always heard in civil courts, even when the violations are service-related [see also the Committee’s recommendation to this effect contained in its report on Mexico in the context of article 20 of the Convention (CAT/C/75, para. 220 (g))). The State party should also reform the Code of Military Justice to include the crime of torture. (15) The Committee is concerned about the institution of arraigo penal (short-term detention), which is reported to have been converted into a form of pretrial detention using units guarded by the judicial police and personnel from the Public Prosecutor’s Office, where suspects can be held for 30 days - up to 90 days in some states - while an investigation is being carried out to gather evidence and question witnesses. The Committee notes with satisfaction the federal Supreme Court’s decision in September 2005 declaring arraigo penal unconstitutional, but it is concerned that the court’s decision relates only to the Penal Code of Chihuahua State and would seem not to be binding on courts in other states. In the light of the federal Supreme Court’s decision, the State party should ensure that arraigo penal is eliminated both from legislation and in actual practice, at the federal and state levels. (16) The Committee is concerned at the fact that the authorities classify acts which could be described as acts of torture as less serious offences - a possible explanation of the low number of trials and convictions for torture. The Committee is also concerned that, although a proposed reform in this area is before the Congress, crimes against humanity, including the crime of torture, remain subject to limitation. The State party should: (a) Investigate all allegations of torture as such, in a prompt, effective and impartial manner, and ensure that in all cases a medical examination is carried out by an independent doctor in accordance with the Istanbul Protocol (see also the Committee’s recommendation to this effect contained in its report on Mexico in the context of article 20 of the Convention (CAT/C/75, para. 220 (k)); (b) Take the necessary steps to provide professional training for medical personnel whose task it is to attend to alleged victims and check their condition, and guarantee the independence of such personnel and extend the implementation of the Istanbul Protocol to all states (see paragraph 8 above); (c) Ensure that if acts of torture are evidenced by independent medical examinations carried out in accordance with the Istanbul Protocol, these examinations are considered to be unchallengeable in court; 26