CAT/C/CMR/CO/4 acts of torture and making them punishable by criminal penalties are proportional to the seriousness of the acts committed. Fundamental legal safeguards 11. The Committee takes note of the provisions in articles 37 and 116 of the Code of Criminal Procedure, under which persons who have been arrested are provided every reasonable facility to contact family members, obtain legal advice and consult a physician. Nevertheless, the Committee is concerned by information it has received indicating that, in practice, detainees, from the time of their arrest, rarely benefit from the guarantees provided for in the Code of Criminal Procedure. In addition, the Committee is deeply concerned by the fact that police custody, limited to 48 hours and renewable once with the authorization of the State prosecutor, is not observed in practice and that arrests are not registered immediately. It is especially concerned by credible allegations that law enforcement officials use extensions of police custody to extort money (arts. 2 and 11). The State party should, without delay, implement measures to ensure that all basic guarantees are applied to all suspects from the moment of their arrest, in particular the rights to: access to a lawyer; to be examined by an independent physician; to contact a relative or friend; to be informed of one’s rights from the moment of detention, including the right to be informed of the charges; and to be brought promptly before a judge. Furthermore, the authorities should systematically and regularly update detention registers, which should contain the name of every detainee, the identity of arresting officials, the date of the detainee’s admission and release, and all other information required for such registers. Accessible complaints mechanism and legal aid 12. The Committee is concerned by allegations that victims and especially women victims of torture or cruel, inhuman or degrading treatment have difficulty accessing justice. It is also concerned that legal assistance is available only to accused persons who face a life sentence or capital punishment (arts. 2 and 11). The State party should take steps to facilitate access to justice for all victims of torture or cruel, inhuman or degrading treatment and make legal aid available to all those persons who need it, regardless of the sentences they face. Habeas corpus 13. The Committee notes the provisions in the Code of Criminal Procedure on habeas corpus and compensation for improper pretrial detention. However, it is concerned that a writ of habeas corpus must be accompanied by an order of release from the State prosecutor. It is also concerned that a claims commission set up under article 237 of the Code of Criminal Procedure is still not working (art. 2). The State party should revise its Code of Criminal Procedure to allow anyone with a writ of habeas corpus to be released immediately. The State party should also activate the claims commission without delay. Pretrial detention 14. In spite of the State party’s explanations, the Committee remains deeply concerned by the high number of persons held in pretrial detention – 14,265 compared with 8,931 convicted prisoners in 2009. It is also concerned that the maximum period of pretrial detention provided for under article 221 of the Code of Criminal Procedure, 12 months in the case of ordinary offences and 18 months for serious offences, is not observed (art. 2). GE.10-42570 3