A/HRC/25/60/Add.1 treatment of people with mental or intellectual disabilities for even a short period may constitute torture or ill-treatment (A/HRC/22/53, para. 63) if it is not required to prevent harm to the patients or others, and then only for as long as that harm is imminent. The use of electroshock treatment at the psychiatric hospital in Accra without adequate anaesthesia constitutes cruel, inhuman or degrading treatment. Such treatment requires that special attention be paid to whether free and informed consent has been given, as required by international law. 92. In the prayer camps, shackling of any duration, denial of food and medicine, inadequate shelter and involuntary treatment constitute torture. 93. There remains a social stigma prevalent in Ghanaian society about mental and intellectual disabilities, despite the adoption of the Mental Health Act. With the Act not yet in effect, there is no functioning oversight mechanism and prayer camps remain unregulated. Some provisions of the Act may not be in line with the Convention on the Rights of Persons with Disabilities and could be abused by healthcare staff or family members. B. Recommendations 94. In a spirit of cooperation and partnership, the Special Rapporteur recommends that the Government take decisive steps to implement the recommendations set out below, with appropriate financial and logistical assistance from the international community, including the United Nations and other actors. 95. With regard to the Constitution and legislation, the Government should: (a) Incorporate clear legal provisions into the Constitution and national laws to the effect that the prohibition of torture is absolute and non-derogable, in accordance with article 2, paragraph 2, of the Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment; (b) Take the necessary measures to ensure that torture is established as an offence in national law and adopt a definition of torture that includes all the elements contained in article 1 of the Convention. The Government should also ensure that such offences are made punishable by appropriate penalties which take into account their grave nature, in accordance with article 4, paragraph 2, of the Convention; (c) Amend the Evidence Act, 1975, concerning evidence to be admitted in judicial proceedings, to bring it into line with the provisions of article 15 of the Convention to explicitly exclude any evidence obtained as a result of torture; (d) Amend national laws to explicitly prohibit corporal punishment and limit the imposition of solitary confinement to a maximum of 15 days as disciplinary measures (A/66/268 para. 84). 96. With regard to safeguards and prevention, the Government should: (a) Ensure prompt registration of all persons deprived of their liberty and periodically inspect custody records at police and prison facilities to make sure that they are maintained in accordance with the procedures established by law; (b) Guarantee the right to a lawyer in all circumstances and without exception, and the right to be brought before a magistrate within 48 hours of arrest; (c) Invest in an independent legal aid scheme, as recommended by the Constitutional Review Commission, to attract and retain more qualified lawyers and expand essential services to reach all regions and all offences from the moment of apprehension through all stages of criminal proceedings; 17