(d) An effective and independent complaints system for torture and abuse leading to criminal investigations should be established, similar to the Economic and Financial Crimes Commission Safeguards (e) The right to legal counsel should be legally guaranteed from the moment of arrest Situation during visit (A/HRC/7/3/Add.4) Steps taken to implement the recommendations No unequivocal condemnation of torture and its qualification as a most serious crime. Non-governmental sources: Torture and other forms of ill-treatment are still widespread. The different kinds of torture methods include, inter alia, beatings, clubbing of the sole of the feet or ankles, suspension, submersion in water; rape, mock executions, shooting into the feet, burning with cigarettes or hot irons. There was no provision specifically criminalizing torture as defined in article 1 of the Convention against Torture. The latter has not been incorporated in domestic laws, which therefore does not provide for penalties related specifically to acts of torture. • Perpetrators were in general not held accountable due to the lack of functioning complaint mechanisms and remedies; victims were found to have accepted that impunity was the natural order of things • Attempts to register complaints were often met with intimidation, or investigations lacked independence as they could be conducted by the police themselves • Upon request by the Government, on 5 April 2007, the UN Special Rapporteur forwarded a draft law on the establishment of a Torture investigation commission Non-governmental sources: The Senate Committee on Judiciary indicated in October 2008 that it intended to pursue the adoption of legislation specifically criminalizing torture. In spite of legal provisions to this effect, the vast majority of detainees did not have legal counsel. Non-governmental sources: A draft bill on the establishment of an anti-torture commission is pending in the Senate. However, no further actions have been taken. • Non-governmental sources: Constitution article 35 (1) guarantees the right to legal A/HRC/10/44/Add.5 page 78 Recommendation (A/HRC/7/3/Add.4) Impunity (b) The highest authorities, particularly those responsible for law enforcement activities, should declare unambiguously that the culture of impunity must end and that torture and illtreatment by public officials will not be tolerated and will be prosecuted. The message should be spread that torture is an extremely serious crime which will be punished with severe (long-term) prison sentences (c) The crime of torture should be defined as a matter of priority in accordance with article 1 of the Convention against Torture, with penalties commensurate with the gravity of torture