A/HRC/4/40/Add.4 page 24 100. In order to strengthen the control over the legality of detention at all stages of the criminal justice process: (a) All institutions in which persons are detained need to maintain complete and transparent records showing the legal basis for detention. In particular, police stations need a single record book showing all information relevant to the case of each person passing through police custody, providing proof of the duration of each phase of custody and of the authority responsible, and certification by the relevant authority of all transfer of custody; (b) Jueces de ejecución should carry out their mandate proactively as set forth in the criminal procedure code, and need to be equipped for the purpose (e.g. with vehicles and information technology); (c) Measures need to be taken to render public defence more effective. These could include both providing material resources, such as offices, computers, vehicles, and providing training. However, on a more fundamental level, thought will need to be given on how to strengthen their role as lawyers acting on behalf of a client, even if they are paid out of public funds; (d) In all events, when the legal basis for deprivation of a person’s liberty has expired, whether held in a police station, a prison, or an IHNFA facility, the authority holding the detainee must release him or her, without any further need for a judicial decision. 101. Honduras needs to establish a penitentiary system as a separate institution, run by professional penitentiary management and staff, not connected to the police. Such a separate system is necessary to prevent arbitrary detention and ensure that, as prescribed by the Constitution, detention is aimed at rehabilitation and preparation for a working life outside prison. 102. In the meantime, already before legislation to this effect can be passed and put into practice, steps should be taken to bring the prison system closer to compliance with the Standard Minimum Rules for the Treatment of Prisoners. Penitentiary facilities should respect the separation between remand and convict detainees; women should be held separately from men; persons with serious mental health problems and those terminally ill require special attention which is better provided outside prison. Internal disciplinary and complaints procedures should be established and complied with, so that the rule of law extends to penitentiary facilities. 103. All branches of Government, seeking input from civil society as well, should reconsider the response of both the criminal justice system and the State in general to the young men and women belonging to maras. The current system, based exclusively on repression, in particular rules governing detention which in practice violate international human rights law, does not appear to be able to either address the root of the problem or enhance the security of the population.