A/HRC/7/3/Add.4 page 11 the cause of the arrest (CPC, sect. 5); to inform the person arrested without delay of the charge against him or her and to give reasonable facilities for obtaining legal advice, taking steps to furnish bail and otherwise making arrangements for his or her defence or release (CPC, sect. 9); and the prohibition of wilful delays to take an arrested person charged with an offence before court (CC, sect. 130). 27. In addition, the Criminal Code penalizes unlawful deprivation of liberty (sect. 365), and requires the proper keeping of records of any person in confinement and punishes neglect or deliberate false entries (sect. 368). Section 419 of the Criminal Procedure Code requires that young persons ordered to be imprisoned shall not be, so far as it is deemed practical, allowed to associate with adult prisoners. 28. Section 28 of the 1990 Evidence Act provides that a confession to a charge made by an accused person cannot be used to secure a conviction against him or her if it appears to have been caused by any inducement, threat or promise from a person in authority and sufficient to give the accused person grounds for supposing that he or she would avoid any evil of a temporal nature. This provision, however, does not appear to satisfy the wider requirements of article 15 of CAT, which provides that any statement which is established to have been made as a result of torture shall not be invoked as evidence in any proceedings, except against the person accused of torture. 4. Complaints and investigation of acts of torture 29. Oral or written complaints of police misconduct by members of the public can be made to any superior police officer about acts of misconduct involving his or her subordinates, and if the complainant is dissatisfied with the response, he or she could complain in writing to higher officers, including the IGP. Complaints could also be sent to the police Public Complaints Bureau (PCB) located in the police public relations department of every state police command, or to the police Provost Department at the Force headquarters.5 In addition, Human Rights Desks for receipt of complaints have been established in recent years for each state command. 30. The Police Service Commission (PSC), an independent constitutional body established in 2001,6 is also responsible for investigating police abuses. Section 6 of the Act grants the body responsibility for the appointment, promotion, discipline and dismissal of all Nigerian police officers below the rank of Inspector General. 31. Criminal investigations and prosecutions of police officers are carried out by Investigating Police Officers (IPO) assigned within the command. Where sufficient evidence is found, they will refer the case to the Director of Public Prosecutions. Although instances of police 5 For a general discussion, see Alemika, E.E.O. and Chukwuma, I.C. (eds.), Civilian Oversight and Accountability of Police in Nigeria, Lagos: Centre for Law Enforcement Education, 2003. 6 2001 Police Service Commission (Establishment) Act: the Commission is made up of a retired Justice of the Supreme Court or Court of Appeal, a retired police officer not below the rank of Commissioner, and four members of civil society.