Fundamental safeguards (9) The Committee notes that the new Code of Criminal Procedure contains fundamental safeguards, including the right not to be subjected to ill-treatment or torture during detention. While noting a certain increase in the number of public defenders and the draft legislation to enhance their independence, the Committee is concerned that in light of the high percentage of recourse to public defenders, their number may be inadequate. The Committee is further concerned that allegations of ill-treatment and torture are investigated by the police itself and that an independent and external oversight mechanism for alleged unlawful acts committed by the police does not exist. The Committee is also concerned that, in practice, law enforcement officials, in particular the preventive police, often do not respect fundamental legal safeguards, such as to promptly inform the detainee of the reason for arrest, the right of a detainee to access a lawyer and to access an examination by an independent doctor within 24 hours of detention and the right to contact his or her family. The Committee is also concerned at the obstacles experienced by medical professionals to exercise their duties, such as limited access to places of detention for reporting on possible torture and other cruel and inhuman or degrading treatment or punishment, including the application of internationally accepted guidelines for such reporting (arts. 2 and 11). The State party should ensure that an independent oversight mechanism for alleged unlawful acts committed by all agents of the State is set up. The State party should ensure that, in practice, all detainees are immediately informed of the reason for arrest, that the right to access a lawyer and to contact a family member is respected and that all detainees undergo a medical examination within 24 hours of their detention. The State party should also take urgent measures to eliminate all obstacles experienced by its medical professionals in the exercise of their duties and to establish adequate guidelines for its medical professionals to report systematically on findings of torture and other cruel and inhuman or degrading treatment or punishment. Independence of the judiciary (10) The Committee expresses concern at the State party’s failure to establish an independent body to safeguard the independence of the judiciary and to supervise the appointment, promotion and regulation of the profession (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 establish an independent body to safeguard the independence of the judiciary and to supervise the appointment, promotion and regulation of the profession. Enforced or involuntary disappearances (11) While welcoming the State party’s invitation of the Working Group on Enforced or Involuntary Disappearances in 2007, the Committee expresses concern at the absence of full reparation for victims and families of enforced or involuntary disappearances under former authoritarian governments before 1982 and, in general, at insufficient investigation, punishment and compensation for these crimes. It further regrets that the State party has not established a truth and reconciliation commission. Moreover, the Committee expresses concern at reports of new cases of enforced and involuntary disappearances, including of children. The Committee further regrets that the Honduran Criminal Code does not contain a specific provision punishing the crime of enforced or involuntary disappearance (arts. 2, 4 and 16). The Committee reiterates the recommendations by the Working Group on Enforced or Involuntary Disappearances and is concerned that they have not been fully implemented. The Committee urges the State party to take swift measures to ensure progress in the search of the missing persons, to establish a comprehensive programme of reparation and compensation for the victims and their families, to prevent new instances of enforced or involuntary disappearance and to amend the Honduran Criminal Code in line with the Convention for the Protection of All Persons from Enforced Disappearance. 89