The State party should bring its definition of torture in domestic legislation in accordance with article 1 of the Convention. Fundamental legal safeguards (6) The Committee is concerned that, in practice, detainees are not always afforded the right to access a lawyer, an independent doctor, if possible of their choice, and to contact a relative from the outset of deprivation of liberty. The Committee is also concerned that pretrial detainees do not have in all circumstances the right to confidential communication with their legal counsels (art. 2). The State party should take effective measures to ensure that all detainees are afforded, in practice, fundamental legal safeguards during their detention. These include, in particular, the right to access a lawyer, an independent doctor, if possible of their own choice, and to contact a relative as from the outset of deprivation of liberty. Furthermore, the State party should ensure the right of detainees to have confidential communication with their legal counsels in all circumstances. The Protector of Human Rights and Freedoms (Ombudsman) (7) While welcoming the establishment in 2003 of the Ombudsman, with a mandate, inter alia, to monitor the conditions of detention, including treatment of detainees, in prisons and other premises in which individuals are deprived of their liberty, the Committee remains concerned that the Ombudsman has not been able to conduct regular visits to places of detention. The Committee is also concerned that the independence of this institution is not fully ensured and that adequate human and financial resources have not been allocated in order to effectively fulfil its mandate (art. 2). The State party should take appropriate legal measures to ensure the full independence of the Ombudsman and provide adequate human and financial resources to enable his office to carry out its mandate to independently and impartially monitor and investigate alleged ill-treatment perpetrated by law enforcement personnel. The State party should pursue speedily the recommendations issued by the Ombudsman. Independence of the judiciary (8) The Committee is concerned that the new constitutional provisions for the appointment and dismissal of judges by the Judicial Council do not yet fully protect the independence of the judiciary (arts. 2 and 12). The State party should guarantee the full independence of the judiciary in line with the Basic Principles on the Independence of the Judiciary (General Assembly resolution 40/146 of December 1985) and that judicial appointments are made according to objective criteria concerning qualification, integrity, ability and efficiency. Furthermore, the State party should adopt an independent monitoring mechanism of Court proceedings with the view to further enhancing the independence of the judiciary. Juvenile justice system (9) The Committee notes that the State party is considering the adoption of a separate Law on Juvenile Justice in line with international standards. However, the Committee is concerned at reports that juveniles in conflict with the law are often treated under the same laws and procedures applicable to adults, that they are held for long periods in pretrial detention and share open spaces with adult detainees (art. 16). The State party should take measures to protect juveniles in conflict with the law in line with international standards, including the United Nations Standards Minimum Rules for the Administration of Juvenile Justice (The Beijing Rules, adopted by General Assembly resolution 40/33 of 29 November 1985) and to speedily adopt a comprehensive Law on Juvenile Justice in accordance with the above-mentioned standards. 59