CAT/C/TUN/CO/3 beginning of custody and the fact that the lawfulness of the custody is not open to challenge (art. 2). 10. The State party should take the necessary legislative measures to clarify the conditions in which custody begins and the moment when it starts and to ensure that custody does not last longer than 48 hours, renewable once in exceptional circumstances, duly supported with actual justifying elements. The State party should also ensure that all detainees will be brought before an independent judicial authority within 48 hours of their arrest in order to review the grounds for placement in custody and renewal of custody and to allow the lawfulness of the custody to be challenged. The State party should regularly check that legal safeguards are observed by all public officials and ensure that any who do not observe them are punished. Combating terrorism 11. While recognizing the difficult context faced by the State party in the wake of terrorist attacks, the Committee is just the same concerned about the adoption in 2015 of Organic Act No. 2015-26 on combating terrorism, as the Act gives no clear definition of an act of terrorism and extends the maximum duration of custody for those suspected of such acts to 15 days. The Committee is also concerned to note that under a new law, Act No. 2016-5, the assistance of a lawyer can be delayed for up to 48 hours in cases of terrorism. In this connection, the Committee is concerned about reports it has received on incommunicado detention before the arrest has been officially registered in cases related to counter-terrorist activities and in which claims of torture have been made (arts. 2 and 12). 12. The State party should: (a) Amend Act No. 2015-26 so as to strictly define acts of terrorism and reduce the duration of custody in cases of terrorism in accordance with international standards; (b) Make the necessary legislative changes to ensure that every person held in custody enjoys all fundamental legal safeguards regardless of the grounds for custody; (c) Put in place an effective and independent mechanism for monitoring the registration of persons deprived of liberty and for appropriate punishment in cases where records are falsified or destroyed; (d) Eliminate all forms of incommunicado detention, systematically investigate complaints in this respect, and duly punish those responsible. Medical examinations of detainees 13. While appreciating that Act No. 2016-5 guarantees access to a medical examination during custody, the Committee regrets that persons deprived of liberty cannot choose their doctors. It is concerned about reports of detainees being examined in the presence of police officers or prison staff and of some examinations being carried out by doctors from the Ministry of Justice, although it notes that responsibility in this area is now being transferred to the Ministry of Health. The Committee also takes note with concern of reports that the medical records of detainees are often incomplete, lacking in detail and only accessible to detainees or their counsel on the instructions of the investigating judge, which prevents victims of torture or ill-treatment from documenting their complaints (arts. 2, 12 and 13). 14. The State party should ensure that: (a) A medical examination is performed promptly at the beginning of the deprivation of liberty by independent doctors, preferably of the detainees’ choosing, GE.16-09569 3