of detention (including for example the Direction de la Protection Judiciaire de l’Enfance et de la Jeunesse). The SPT requests copies of any such visit reports for the past three years, any recommendations made, and any actions taken following these visits. (b)Complaints 41.Discussions with representatives of the Ministry of Justice highlighted that there is no formal framework for receiving complaints about ill-treatment in prisons. A detainee is however entitled to directly address the director of the prison, or complain through the normal judicial processes. Further, the authorities explained that complaints can be registered in the main courante of the Penitentiary Brigade, which is obliged to inform the DAPAS, which in turn reports the matter to the Ministry of Justice. In this regard, the SPT notes that article 120 of the Criminal Code provides that heads of security of prisons, who, inter alia, hold a detainee without legal warrant or refuse to bring a detainee before a police officer, may be deemed guilty of arbitrary detention, and can be sentenced to six months imprisonment. The SPT requests more information about the content of this offence, and confirmation of whether it could apply, for example, if a detainee asks to be brought before a judge and the request is not met promptly by prison authorities. It also requests statistical information on the results/outcome of any cases brought under this provision of the Criminal Code since 2005. 42.The SPT notes that, according to the Annual Statistics Report for 2005, the Human Rights Department investigates human rights complaints, and asks for further information on this mandate, details on the complaints investigated, statistical information on the results/outcome of such complaints, and in particular any complaint which resulted from a visit to a place of detention. 43.The SPT notes that all Ministry of Justice departments are under the supervision of the IGSJ, which is an internal supervisory organ under the direct supervision of the Minister of Justice. According to the Annual Statistics Report for 2005, the IGSJ, inter alia, receives complaints from individuals (118 in 2005). Of those complaints received, six were actually investigated in 2005. The SPT would welcome further information on the complaints mandate of the IGSJ, the type of complaints it has investigated since 2005, and statistical information on the results/outcome of such complaints. 44. More generally, the SPT requests information on the practicalities of accessing the various complaints mechanisms described, and the ways in which the authorities ensure that persons deprived of their liberty are informed of their rights under the various complaints mechanisms. 3.Prosecutorial oversight 45.The SPT notes that there are a number of provisions in the Criminal Code and the Code of Criminal Procedure which relate to prosecutorial oversight. Under article 12 of the Code of Criminal Procedure, the functions of the judicial police are carried out by officials under the direction of the Public Prosecutor. Under article 13, the judicial police are “supervised by the Public Prosecutor at the Court of Appeal, under the control of the Indictments Chamber” (Chambre d ’ Accusation). Further, Article 22 of the Code of Criminal Procedure gives power to the Prosecutor of the Republic (Procureur) to receive complaints. According to paragraph 4 of article 34, and paragraph 2 of article 38, of the Code of Criminal Procedure, the Prosecutor or the Procedural Judge has direct power over public forces to protect detainees who complain of ill-treatment. 46.The SPT also notes that article 78 of Decree No. 73-293 provides that investigating judges and Prosecutors regularly visit prisons in order to ensure the legality of detention of each detainee. The SPT regrets that it was not provided with any practical details on these prosecutorial oversight functions, on any such oversight activities undertaken, and any results obtained. The SPT requests that it be provided with more information on the practice of prosecutors in monitoring the legality of detention and in receiving complaints, as well as statistical information for 2005 – 2008 on the results/outcome of such complaints. 4.Judicial oversight 47.In meetings with the Constitutional Court and with representatives of the Ministry of the Interior and of Defence, the members of the delegation heard that the Constitutional Court receives allegations of ill-treatments, in accordance with article 120 of the Constitution. Nevertheless, the delegation was not able to obtain statistics regarding cases referred to such institutions and/or tried in the criminal justice system. The SPT requests information about the number of complaints lodged per year for the last three years before the Constitutional Court, relating to the treatment of persons deprived of their liberty (including the length of garde à vue, conditions of detention, and allegations of ill-treatment by officials during such periods), as well as the results/outcomes of such complaints. 48.According to article 199 of the Code of Criminal Procedure, the President of the Indictments Chamber (Chambre d ’ accusation) has a mandate to visit places of detention whenever he/she deems necessary, and at least once every three months to carry out visits to prisons and to verify the situation of detainees in preventive detention. The SPT notes that similar provisions can be found in the draft Code of Criminal Procedure (article 674). The SPT regrets that it was not provided with any further details on the preventive work of the President of the Indictments Chamber, or with any reports which may be available on such visits. The SPT requests that it be provided with the reports of the President on its three monthly visits to prisons since 2005. 49.Further, according to articles 183 and 201 of the Code of Criminal Procedure, the Indictments Chamber (Chambre d ’ Accusation) exercises judicial oversight over all procedures which come before it, and over the work of civil service, military officials, criminal investigation officers, and senior officers. In this regard, article 200 of the Code of Criminal Procedure provides that the President of the Indictments Chamber can seize the Chamber so that it may rule on whether an inculpé (a charged person) should remain in preventive detention. Further, where a victim complains to the Constitutional Court and the Court finds that an act of torture