A/HRC/22/53/Add.1 who resort to illegal methods of interrogation for the purpose of extracting confessions, and hopes that proper mechanisms will be put in place to prevent misconduct by law enforcement officials. Although there has been an acknowledgment that a problem exists, steps taken to date have not been effective. 89. The Special Rapporteur notes that, owing to the failure to register suspects at the time of apprehension, persons deprived of their liberty are extremely vulnerable to torture and ill-treatment, given that it is during the time of detention that basic safeguards are not generally forthcoming. The Special Rapporteur welcomes the acceptance by the Government of recommendations made at its universal periodic review that detainees should be ensured prompt access to a lawyer from the time they are taken into custody. He encourages the Government to amend the Code of Criminal Procedure to reflect as much. 90. The Special Rapporteur concludes that the complaint mechanisms currently available are neither effective nor independent. In addition, victims or families are afraid to file complaints with authorities or are threatened with reprisal. There is no effective witness protection mechanism. 91. Despite the commitment made by the Government during the universal periodic review of Tajikistan in March 2012 to investigate thoroughly all allegations of human rights abuses and to establish an independent complaints mechanism to respond to allegations of torture, the Government has yet to take measures to establish such a mechanism with full respect for the principle of confidentiality and guarantees for protection against reprisals, and without the participation of the investigating officer. 92. On the basis of discussions held with public officials, judges, lawyers and representatives of civil society, interviews with victims and with persons deprived of their liberty, the Special Rapporteur concludes that acts of torture for the purpose of extracting confessions are committed during arrest and while suspects are in police custody and under the jurisdiction of operative and investigating officers. Factors such as the denial of access to a lawyer at the time of apprehension and during detention, lack of independent medical aid, and threats and extortion in exchange for withdrawing the complaint continue to be practised with impunity. Acts of torture are facilitated by the lack of preventive safeguards and effective monitoring mechanisms. 93. Despite the recent amendments to the Code of Criminal Procedure granting the Ombudsman free access to places of detention, the penitentiary system remains nontransparent. There is no systematic oversight of places of detention by national and international monitors. Representatives of the International Committee of the Red Cross (ICRC) and non-governmental organizations have no access to places of detention. Despite the regular oversight function of the Office of the Prosecutor General, the Special Rapporteur was unable to obtain information on the number of complaints received and initiated following its visits. The Office of the Ombudsman has neither the capacity nor the resources necessary to conduct regular monitoring and reporting. In addition, its activities are focused on capacity-building and have a limited impact. 94. Even allowing for the fact that, in some of the detention facilities visited, the administration had made extensive preparations for the visit of the Special Rapporteur, conditions in the temporary and pretrial detention facilities visited were adequate. The conditions in penal colonies with open cell blocks and work and recreational opportunities were commendable. The Special Rapporteur notes, however, that overall penitentiary policies have retained their punitive nature, given that different prison regimes serve as a form of punishment and impose heavy 17