C. Subjects of concern and recommendations (10) While noting that article 21 of the Togolese Constitution of 14 October 1992 prohibits torture, and welcoming the draft revised criminal code, the Committee is nonetheless concerned by the absence of provisions in the criminal code that explicitly define and criminalize torture, in accordance with articles 1 and 4 of the Convention. The Committee is also concerned by the fact that no sentences have been handed down relating to acts of torture, owing to the lack of a suitable definition of torture in Togolese legislation (arts. 1 and 4). The State party should adopt urgent measures to incorporate in the Criminal Code a definition of torture in line with article 1 of the Convention, as well as provisions criminalizing acts of torture and establishing appropriate penalties for them. (11) While welcoming the extensive project to overhaul the justice system mentioned by the State party’s delegation, the Committee notes with concern that the existing provisions of the Code of Criminal Procedure relating to police custody do not provide for the notification of rights or the presence of a lawyer, and that the medical examination of persons held is merely an option available only at their own request or that of a member of their family, subject to the agreement of the prosecution authorities. Moreover, the 48-hour time limit for police custody is allegedly rarely observed in practice, and some people, including children, are held without charge or awaiting trial for several years (arts. 2 and 11). The State party should revise the provisions of the Code of Criminal Procedure relating to police custody so as to ensure that persons held in police custody are effectively protected from physical and mental harm, including by guaranteeing their rights to habeas corpus, to contact a friend or relative and to consult a lawyer and doctor of their choosing or an independent doctor. The State party should also bring the practice of pretrial detention into line with international standards of due process and ensure the prompt administration of justice. (12) The Committee is concerned by allegations received, in particular following the April 2005 elections, of the widespread practice of torture, enforced disappearances, arbitrary arrests and secret detentions, as well as of the frequent rape of women by military personnel, often in the presence of members of their families, and the apparent impunity enjoyed by the perpetrators of such acts (arts. 2, 12 and 14). The State party should take the necessary legislative, administrative and judicial steps to prevent all acts of torture and ill-treatment in any territory under its jurisdiction. The State party should also ensure that military personnel are under no circumstances involved in the arrest and detention of civilians. The State party should take steps, as a matter of urgency, to bring all detention facilities under judicial control, and to prevent its officials from carrying out arbitrary detentions and practising torture. The State party should take vigorous steps to eliminate impunity for alleged perpetrators of acts of torture and ill-treatment, carry out prompt, impartial and exhaustive investigations, try the perpetrators of such acts and, when they are found guilty, impose sentences commensurate with the gravity of the offences, and properly compensate the victims, if necessary through a compensation fund for the victims of torture. The State party should also take effective steps to guarantee the independence of the judiciary, in conformity with the relevant international laws. The State party should also take steps, as a matter of urgency, to ensure the peaceful return of Togolese refugees from neighbouring countries and of internally displaced persons, and to guarantee full respect for their physical and mental integrity. 63