The State party should envisage taking the necessary measures to distinguish pretrial detention from detention of persons who have been tried in a court of first instance and have appealed against their sentence, in order to avoid any confusion which could lead the Committee to believe that the Convention has been violated. Detention incommunicado (9) While welcoming the fact that detainees can no longer be held incommunicado, totally or relatively, during pretrial detention, the Committee notes that under article 143 (4) of the new Code of Criminal Procedure, in cases of terrorism or violent or highly organized crime, the Public Prosecutor’s Office can order that detainees be held totally incommunicado - excepting their access to legal counsel - until such time as they are brought before the courts (art. 2). The State party should ensure that detention incommunicado prior to appearance in court in cases of terrorism or organized violence is explicitly and strictly regulated by law and subject to stringent judicial supervision. Universal jurisdiction (10) While acknowledging with satisfaction that article 5 of the new Penal Code permits the State party to exercise universal jurisdiction in respect of acts of torture committed outside its territory, the Committee notes with concern that such jurisdiction is exercised by the Attorney-General, whose Office, although autonomous, is connected with the Executive branch (art. 5). The State party should consider entrusting the exercise of universal jurisdiction in respect of serious violations of international law to an independent tribunal. Prison conditions (11) The Committee welcomes the reform of prison legislation reported by the Portuguese delegation which is designed to bring the law on the enforcement of sentences into conformity with the European Prison Rules. It also notes the substantial improvement in prison occupancy rates and the efforts made in the area of health care. The Committee remains concerned, however, about reports of continuing violence among inmates, including sexual violence, and about the persistently high number of deaths in detention, largely attributable to HIV/AIDS and suicide. The Committee is also troubled by reports of torture and cruel, inhuman or degrading treatment in penitentiary establishments, for instance the case of Mr. Albino Libânio, who allegedly suffered multiple injuries from a beating in 2003 (arts. 11 and 16). The State party should continue its efforts to improve prison conditions, in particular by maintaining an appropriate prison occupancy rate. It should also step up measures aimed at preventing violence among inmates, including sexual violence, and suicide by prisoners. The State party should, furthermore, take the necessary steps to ensure that the physical and psychological integrity of prisoners is respected under all circumstances. Prompt and impartial investigations and redress (12) The Committee is concerned that article 4 of Act No. 21/2000 of 10 August 2000 does not include torture among the 30 crimes listed in the Act for which the judicial police is solely responsible, since this could impede the initiation of prompt and impartial investigations of alleged cases of torture in the territory of the State party (arts. 12 and 14). The State party should take appropriate steps to include torture in the list of crimes for which the judicial police is solely responsible and ensure that a prompt and impartial investigation is initiated in all cases where there are grounds for believing that an act of torture has been committed in any territory under its jurisdiction. 31