Principles for the Protection of All Persons under Any Form of Detention or Imprisonment, adopted on 9 December 1988,f as well as article 13 bis of the Tunisian Code of Penal Procedure,g a record must be left of every person detained. Next, the magistrate might have sought to identify the accused officials, examine them and arrange a confrontation between them and the witnesses mentioned, as well as the complainant. Lastly, in view of the major disparities in the findings of the forensic officials as to the causes of some of the lesions observed on the victim, the Committee considers that it would have been wise to order the exhumation of the body in order at least to confirm whether the victim had suffered fractures to the pelvis (confirming the accident hypothesis) or whether he had not (confirming the hypothesis that a foreign object had been introduced into his anus); this should have been done, as far as possible, in the presence of non-Tunisian experts, and more particularly those who have had occasion to express a view on this matter. 11.10 The Committee considers that the magistrate, by failing to investigate more thoroughly, committed a breach of the duty of impartiality imposed on him by his obligation to give equal weight to both accusation and defence during his investigation, as did the Public Prosecutor when he failed to appeal against the decision to dismiss the case. In the Tunisian system the Minister of Justice has authority over the Public Prosecutor. The Minister could therefore have ordered him to appeal, but failed to do so. 12. Consequently, the State party breached its obligation under articles 12 and 13 of the Convention to proceed to an impartial investigation wherever there is reasonable ground to believe that an act of torture has been committed in any territory under its jurisdiction. 13. In pursuance of rule 111, paragraph 5, of its rules of procedure, the Committee calls on the State party to inform it, within 90 days from the date of the communication provided for in rule 111, paragraph 3, of its rules of procedure, of the steps it has taken in response to the observations made above. [Done in English, French, Russian and Spanish, the French text being the original version.] f Principle 12 reads: "1. There shall be duly recorded: (a) The reasons for the arrest; (b) The time of the arrest and the taking of the arrested person to a place of custody as well as that of his first appearance before a judicial or other authority; "2. law." (c) The identity of the law enforcement officials concerned; (d) Precise information concerning the place of custody. Such records shall be communicated to the detained person, or his counsel, if any, in the form prescribed by g In its comments on the conclusions and recommendations of the Committee following its consideration of Tunisia's second periodic report the Government stated that "All departments with responsibility for places of detention are obliged to keep a special numbered register including the identities of all persons held in custody and indicating the time and date that the custody period begins and ends (article 13 bis of the Code of Criminal Procedure)." (A/54/44, para. 105) 76