Situation during visit (See E/CN.4/2006/6/Add.5) (c) Incommunicado detention made illegal, and persons held incommunicado released without delay A large number of persons taken involuntarily by security forces were being held incommunicado at unknown locations. Steps taken in previous years (See A/HRC/4/33/Add.2 and A/HRC/7/3/Add.2) so treated shall be compensated in accordance with the decision determined by law.” 2006: Section 62 of the Army Act 2006 (amendment of Military Act 1959) criminalizes torture (without providing a definition) and requires investigations by civilian authorities headed by the Deputy Attorney General. A special court presided by an Appellate Court Judge is competent for such crimes. 2007: Interim Constitution of 2007 article 24 (2) provides for immediate access to legal counsel, and, according to 24 (3), detainees must be presented before a judge within 24 hours of arrest. (d) Those legally arrested should not be held in facilities under Legislation (2004 Terrorist and Disruptive Activities (Control and Punishment) Ordinance 2007: According to 24 (3) of the Interim Constitution detainees must be presented before a judge within 24 Steps taken since December 2007/current situation Disappearances, and a Land Reforms Commission. The Special Rapporteur has not received information on the current status of the draft torture bill on the numbers of persons indicted and convicted on the basis of Section 62 of the Army Act. • Non-governmental sources: Although incommunicado detention is less common now than during the conflict, unacknowledged detention, failure to observe court orders regarding releases, and illegal (unacknowledged) detention, particularly by the Armed Police Force (APF), continue to occur from time to time. Often the arrest date recorded is the day a person is presented to the court, even if an individual has spent several days in incommunicado detention • Systematic incommunicado detention of political detainees ended with the ceasefire in April 2006, however cases of incommunicado detention for up to 11 days continue to be reported. Non-governmental sources: In practice, the relevant constitutional provisions are not respected. In many cases detainees continue A/HRC/10/44/Add.5 page 66 Recommendation (E/CN.4/2006/6/Add.5)