A/HRC/4/33/Add.2 Page 23 A civil servant is an individual who carries out official functions in a government agency and includes individuals who carry out official functions in organs of state power, administrative organs, judicial organs, and military organs at every level of government. Those individuals who carry out official functions in organizations legally sanctioned to carry out the administrative powers of the state or who are carrying out official functions as representatives of a state organ or who have not yet been officially listed as a civil servant but who is carrying out official functions are classified as civil servants. Individuals carrying out official duties for organizations of the Chinese Communist Party at the township level and above or for people’s political consultative bodies are defined as civil servants. 125. The Regulations implemented since August 2006, regulate summoning, interrogation, inspection, use of coercive measures, handling of case-related items, issuance and enforcement of administrative decisions, and strict punishment of violations. 126. The Government informed that, on 14 February 2006, the Ministry of Justice issued “Six Prohibitions for Prison Guards” and “Six Prohibitions for RTL Guards,” which include strict prohibitions on beatings and physical punishment, of instructing others to carry out beatings and physical punishment of prisoners, and on use of guns, police weapons, police vehicles. Those who commit minor infractions are subject to appropriate punishment or dismissal and those who commit crimes will be prosecuted. 127. Recommendation (b) stated: All allegations of torture and ill -treatment should be promptly and thoroughly investigated by an independent authority with no connection to the authority investigating or prosecuting the case against the alleged victim. 128. Recommendation (c) stated: Any public official indicted for abuse or torture, including prosecutors and judges implicated in colluding in torture or ignoring evidence, should be immediately suspended from duty pending trial, and prosecuted. 129. Recommendation (d) stated: The declaration should be made with respect to article 22 of the Convention Against Torture and other Cruel, Inhuman or Degrading Treatment or Punishment (CAT) recognizing the competence of the Committee against Torture to receive and consider communications from individuals who claim to be victims of a violation of the provisions of the Convention. Prevention of torture and ill treatment through safeguards in the criminal justice system 130. Recommendation (e) stated: Those legally arrested should not be held in facilities under the control of their interrogators or investigators for more than the time required by law to obtain a judicial warrant of pre-trial detention, which normally should not exceed a period of 48 hours. After this period they should be transferred to a pre-trial facility under a different authority, where no further unsupervised contact with the interrogators or investigators is permitted. 131. Recommendation (f) stated: Recourse to pre-trial detention in the Criminal Procedure Law should be restricted, particularly for non- violent, minor or less serious offences, and the application of non custodial measures such as bail and recognizance be increased.