A/HRC/7/3/Add.6 page 13 36. However, the Code lacks fundamental safeguards8 such as the right to inform a family member of the arrest or the access to a lawyer and/or a doctor of his or her choice for a person arrested and held in custody. The code does not specify the interrogation conditions and is silent about the possibility of the presence of a lawyer and an interpreter during the interrogation. 37. With respect to arrest and detention by the armed forces, the Special Rapporteur notes the six-clause Presidential Directive of 7 July 2006, on Protecting Fundamental Rights of Persons Arrested and/or Detained, which was re-circulated by the Secretary of Defence on 12 April 2007 to the commanders of the army, navy and air force as well as the Inspector General of Police. Among the provisions included are: no person shall be arrested or detained under any Emergency Regulation or the Prevention of Terrorism Act No. 48 of 1979, except in accordance with the law and proper procedure and by a person who is authorized by law to make such an arrest or order such detention; the person making the arrest or detention should identify himself by name and rank, to the person or relative or friend of the person to be arrested; the person to be arrested should be informed of the reason for the arrest; all details of the arrest should be documented in the manner specified by the Ministry of Defence; the person being arrested should be allowed to make contact with family or friends to inform them of his whereabouts; when a child under 18 years or a woman is being arrested or detained, a person of their choice should be allowed to accompany them to the place of questioning; as far as possible, any such child or woman arrested or detained should be placed in the custody of a Women’s Unit of the Armed Forces or Police or in the custody of another woman military or police officer; the person arrested or detained should be allowed to make a statement in the language of his choice and then asked to sign the statement; if he wishes to make a statement in his own handwriting it should be permitted; members of the NHRC or anyone authorized by it must be given access to the arrested or detained person and should be permitted to enter at any time, any place of detention, police station or any other place in which such a person is confined; and the NHRC must be informed within 48 hours of any arrest or detention and the place the person is being detained. Forensic examination 38. The CCP provides for the possibility for a Magistrate or an investigator empowered by the Minister to order a post-mortem examination (also in the case the body is already buried, art. 373, CCP). Further, a person in police detention can complain to the Magistrate and ask for a medical examination by a Judicial Medical Officer (JMO), a specially trained medical doctor of the Department of Forensic Medicine. The Magistrate may subsequently order the police to take the victim to the JMO. However, the Special Rapporteur found a serious shortcoming in this procedure: since in most cases the victim is accompanied to the JMO by exactly the same police officer who is responsible for the alleged crime of torture or ill-treatment, the independence of 8 For a comprehensive outline of such safeguards against torture see the general recommendations of the Special Rapporteur on torture, E/CN.4/2003/68, para. 26.