State of emergency (14) The Committee notes with concern that Chadian criminal law does not currently contain any provisions guaranteeing the absolute and non-derogable nature of the prohibition of torture, and that numerous abuses, including cases of torture and enforced disappearance recognized by the State party, are committed during states of emergency (art. 2). The State party should ensure that the principle of the absolute prohibition of torture is incorporated in its criminal legislation. The State party should also ensure the strict application of such legislation, in accordance with article 2, paragraph 2, of the Convention, which stipulates that no exceptional circumstances whatsoever, whether a state of war or a threat of war, internal political instability or any other public emergency, may be invoked as a justification of torture. Due obedience (15) The Committee notes with concern that article 143 of the Chadian Criminal Code, which establishes that any person who acts on the orders of a hierarchical superior shall be exempt from punishment, is not in conformity with the obligations stemming from article 2, paragraph 3, of the Convention (art. 2). The State party should amend its legislation to explicitly state that an order from a superior officer or public authority may not be invoked as justification of torture. Guarantees for detainees (16) The Committee notes with concern that the current Code of Criminal Procedure does not provide fundamental legal guarantees for persons in detention. The Committee also regrets that the right to legal assistance for the poor, as provided for in article 47 of the Code of Criminal Procedure, is non-existent in practice. Moreover, the Committee is deeply concerned at the fact that the 48-hour limit for police custody is not observed in practice and at shortcomings in maintaining detention registers (arts. 2 and 11). The State party should revise the Chadian Code of Criminal Procedure to include fundamental legal guarantees for all suspects during detention, including, in particular, the right of access to a lawyer, the right to be examined by an independent physician, the right to contact a relative or friend and the right to be informed of one’s rights from the moment of detention, including the right to be informed of the charges and to be brought promptly before a judge. The State party should also guarantee the full enjoyment of these rights in practice, and should ensure that the limit on the period of custody is strictly applied, and that access to legal aid is available for the poorest. In addition, the authorities should systematically and regularly update detention registers, which should contain the name of every detainee, the identity of the officials carrying out the detention, the date of the detainee’s admission and departure, and all other information needed for such registers. Widespread use of torture and ill-treatment, especially during military operations (17) The Committee is deeply concerned about: (a) Persistent and consistent reports of torture and ill-treatment allegedly carried out by the State party’s security forces and services, especially in district police stations, gendarmeries and remand centres, and the apparent impunity enjoyed by the perpetrators of such acts; (b) Allegations that the newly formed environmental protection brigades and the brigade responsible for searching for weapons indulge in acts that contravene the Convention; (c) The conclusions of the commission of inquiry into the events of February 2008, and conclusions drawn from other sources, which report summary and extrajudicial executions, rapes, kidnappings followed by enforced disappearance, torture and cruel, inhuman or degrading treatment, arbitrary arrests, intimidation and 73