Subcommittee, integrated centres should upgrade their physical facilities, have sufficient trained staff on duty round the clock, which would improve the handling of cases, and carry out a study on how to include staff from other institutions directly or indirectly involved in criminal proceedings. Office of the National Commissioner for Human Rights 110.The Office of the National Commissioner for Human Rights (CONADEH), as an independent and autonomous body, has a crucial role to play in preventing torture and ill-treatment, especially of persons deprived of their liberty. The Subcommittee is disturbed, however, by the large amount of consistent criticism it has received or noted regarding the way in which CONADEH performs the tasks set out in its mandate. Moreover, the repeated public statements by the National Commissioner in support of the de facto Government seem to have undermined the vital credibility and the image of impartiality that the institution needs to maintain vis-à-vis victims of torture and other cruel, inhuman and degrading treatment or punishment and civil society organizations. 111.The Subcommittee notes that some members of the CONADEH regional delegation that it visited were diligent in their functions as habeas corpus enforcement judges and in dealing with serious cases of torture and other abuses committed by the police and armed forces after 28 June 2009, in cooperation with the competent human rights prosecutors. They also helped the Subcommittee to obtain access to much important official information. 112. The Subcommittee recommends that CONADEH: (a) step up its regular visits to detention centres; the visits should include direct contact with the detainee and on-site inspections of the premises in order to monitor the conditions in which detainees are held and the kind of treatment they receive; (b) respond promptly and effectively to any complaints it receives of torture or cruel, inhuman or degrading treatment; and (c) comply rigorously with its legal mandate to report violations of which it has knowledge to the Public Prosecutor’s Office, and ensure effective oversight of action taken by the judicial authorities. 113.Commenting on the Subcommittee’s preliminary observations, the National Commissioner stated that the criticisms directed at the institution came from polarized sectors of society politically aligned with the excesses of the former president, José Manuel Zelaya Rosales (sic), which, in the legitimate exercise of his constitutional duties, he was obliged to denounce and condemn. 114.The Office of the Attorney-General agreed with the Subcommittee’s recommendation, but not with the criticisms of the Commissioner, since he had acted in defence of the constitutional order. 115.The Ministry of Security stated in its comments that CONADEH should not restrict itself to inspections, but should also ensure implementation of the measures and recommendations deriving from inspections, whether of places where detainees are held or relating to the conditions of victims. 116.The Subcommittee takes note of the comments received and repeats its recommendation concerning the National Commissioner for Human Rights. C.Legislation and practice governing detention Legal system governing detention 117.Under article 71 of the Constitution, “no one may be detained or held incommunicado for more than 24 hours without being brought before a competent legal authority. Judicial detention pending inquiries may not exceed six days from the time of its commencement.” Article 282 of the Code of Criminal Procedure sets forth the rules to be observed by the National Police when detaining a person, many of which can effectively prevent torture and ill-treatment. The article stipulates that police officers shall identify themselves showing their card or badge; shall use force only when it is strictly necessary; shall use weapons only in the event of imminent serious risk to the life or physical integrity of the officer or third parties; and shall not commit, encourage or permit the use of torture, ill-treatment or other cruel, inhuman or degrading treatment or punishment at the time of arrest or during the period of detention. They shall also inform detained persons, of among other things, the grounds for their arrest and of their right to inform a relative or person of their own choosing of their circumstances, the right to the assistance of counsel and to be examined by a forensic doctor or, if the attendance of such a physician would entail a serious delay, by another available doctor in order to report on their physical condition and provide treatment if necessary; at the time of arrest, inform the relatives or associates of the detainee of the facility to which the detainee will be taken; and record the place, date and time of arrest in a special register that shall be a public document. 118. In light of the allegations received of cases of torture and ill-treatment, the Subcommittee recommends that steps should be taken to ensure effective compliance by the police with the rules set forth in article 282 of the Code of Criminal Procedure, with a view to minimizing the conditions that may be conducive to the use of torture and illtreatment. 119.The police can also detain persons in police custody for up to 24 hours under article 131 of the 2002 Police and Harmonious Social Relations Act. This Act imposes administrative sanctions for behaviour such as vagrancy, membership of a destructive gang, public drunkenness, etc. 120.The Subcommittee noted that it was common practice to detain persons at police stations under this Act, for offences recorded in the police register as “causing a public disturbance”, “domestic violence”, “not carrying identification papers”, “drunkenness”, etc. After the events of 28 June 2009, the authorities seem to have made heavy use of this instrument in an attempt to legitimize the detention of protesters at a time of political and social conflict. Such detention, which is by any standards unconstitutional and in breach of international treaties, occurs many times a day with no record other than an entry in the police station duty log. Police