CAT/C/GIN/CO/1 (e) Cooperate closely with the preliminary investigation opened by the Office of the Prosecutor of the International Criminal Court with regard to these events so as to bring the perpetrators before the Court. Forced confessions 11. The Committee deplores the fact that no legal provision establishes the inadmissibility in courts of statements or confessions extracted under torture, except when such statements are made against a person accused of torture. The Committee is also deeply concerned that the use of torture to extract confessions is extremely widespread in police stations and gendarmerie posts as well as in military detention centres (arts. 2 and 15). The State party should ensure that the Legislative Reform Commission lays down in legislation, without delay, a provision stipulating that confessions extracted under duress or through the use of torture shall be inadmissible as evidence in court. Accordingly, the State party should ensure that prosecutors, investigating judges and trial judges are made aware of the inadmissibility of statements obtained through the use of torture and of the obligation to open investigations when allegations of torture are brought to their attention. The State party should also ensure that detainees have prompt access to qualified medical personnel who are also trained in detecting physical and psychological evidence of torture and inhuman treatment, in accordance with the Manual on the Effective Investigation and Documentation of Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment (the Istanbul Protocol). Impunity 12. While taking note with satisfaction of the decision in the case of the Public Prosecutor’s Office v. Margis-Chef of the Gendarmerie Momo Bangoura and others, the Committee is concerned that most acts of torture and ill-treatment are not investigated or prosecuted and go unpunished. It is also disturbed that the State party has not conducted investigations in the wake of numerous credible reports regarding acts of torture and illtreatment that in some cases led to the deaths of detainees (arts. 12, 13 and 16). The State party should: (a) Take appropriate steps to ensure that all allegations of torture or illtreatment are investigated promptly, thoroughly and impartially by independent courts, that the perpetrators of such acts are prosecuted and, if convicted, given sentences that are proportional to the severity of the acts, and that the victims or their families receive adequate compensation and reparation; (b) Investigate the cases of the individuals mentioned by the Committee and inform the Committee of the results of the investigations opened as well as of any criminal and disciplinary proceedings under way. Fundamental legal guarantees 13. While taking article 9 of the Constitution and articles 116 and 120 of the Code of Criminal Procedure into account, the Committee is extremely concerned to have learned that, in practice, detainees do not enjoy all fundamental guarantees from the outset of their deprivation of liberty, as the Guinean delegation in fact noted. It is likewise concerned at the fact that the maximum duration of police custody stipulated by law is often exceeded (arts. 2, 11, 12 and 16). The State party should take all necessary steps to ensure that under the law and in practice any persons deprived of liberty enjoy, from the outset of their deprivation of GE.14-05766 5