A/HRC/22/53/Add.1 for imprisonment for the period of five to eight years, with the revocation of the right to occupy certain positions or engage in certain activities for the period of five years, in the cases of repeated commission of torture, commission of torture by a group of persons on previous agreement, commission of torture of a pregnant woman, a person who is under age or disabled. The same actions, if committed with the infliction of grave harm to health, or if they have caused either the death of the victim or other grave consequences, are punishable by imprisonment for the period of 10 to 15 years, with the revocation of the right to occupy certain positions or to engage in certain activities for a period of up to five years. 13. While the Special Rapporteur welcomes the incorporation of article 143-1 into the Criminal Code, he is concerned that the penalties of five years of imprisonment or less envisaged are not commensurate with the gravity of the crime of torture, as required by article 4 of the Convention. A relatively minor penalty is not a strong disincentive to commit torture. First-time offenders may benefit from conditional sentencing or a noncustodial penalty and be released under the amnesty laws, which grant Parliament a rather broad degree of discretion to decide which sentences can be commuted, reduced or suspended. The Special Rapporteur recalls that legal provisions granting exemptions from criminal responsibility for torturers, such as amnesty laws and indemnity, should be abrogated. 3 2. Safeguards during arrest and detention 14. Article 19 of the Constitution states that everyone has the right to the services of a lawyer from the moment of his or her detention. Under article 22 (1) of the Code of Criminal Procedure, any person may use the services of defence counsel as of the time of arrest. 15. Although under the amended Code of Criminal Procedure a detainee is entitled to procedural safeguards from the moment of actual arrest (arts. 10, 46 and 49), in practice these safeguards do not apply until the detention of the suspect has been registered. In addition, it is, not clear when the effect of the arrest actually comes into force, given that there are various interpretations, including the time when the person is delivered to the criminal prosecution agency or the time when the arrest record is drawn. 16. Under article 94 of the Code of Criminal Procedure, a report must be drawn up stating the grounds, place and time of detention within three hours of the arrest; the suspect must be informed of his or her rights, including the right to counsel, and to testify in the presence of counsel. Under article 100 of the Code, the family must be notified within 12 hours of the arrest and of the place of detention. Under article 103, charges must be brought within 10 days of the arrest. Whether this period includes the time between the actual arrest and the delivery of the arrested person to the police station remains unclear. 17. While article 96 (2) of the Code of Criminal Procedure stipulates that the arrest may not last for more than 72 hours from the time of arrest, under article 111 (5) regional courts and the Military Collegium of the Supreme Court may, in exceptional cases, extend the initial 72 hours of detention in various increments for up to 18 months (art. 112). No information is given on what measures the State party is taking to shorten the current pretrial detention period (doznanie) 4 and to ensure independent judicial oversight separate from the Office of the Prosecutor General over the period and conditions of pretrial detention. 3 4 See E/CN.4/2003/68, para. 26 (k). CAT/C/TJK/CO/1, para. 7 (d). 5