A/69/44 Impunity (12) While taking note with satisfaction of the decision in the case of the Public Prosecutor’s Office v. Margis-Chef of the Gendarmerie Momo Bangoura and others, the Committee is concerned that most acts of torture and ill-treatment are not investigated or prosecuted and go unpunished. It is also disturbed that the State party has not conducted investigations in the wake of numerous credible reports regarding acts of torture and illtreatment that in some cases led to the deaths of detainees (arts. 12, 13 and 16). The State party should: (a) Take appropriate steps to ensure that all allegations of torture or illtreatment are investigated promptly, thoroughly and impartially by independent courts, that the perpetrators of such acts are prosecuted and, if convicted, given sentences that are proportional to the severity of the acts, and that the victims or their families receive adequate compensation and reparation; (b) Investigate the cases of the individuals mentioned by the Committee and inform the Committee of the results of the investigations opened as well as of any criminal and disciplinary proceedings under way. Fundamental legal guarantees (13) While taking article 9 of the Constitution and articles 116 and 120 of the Code of Criminal Procedure into account, the Committee is extremely concerned to have learned that, in practice, detainees do not enjoy all fundamental guarantees from the outset of their deprivation of liberty, as the Guinean delegation in fact noted. It is likewise concerned at the fact that the maximum duration of police custody stipulated by law is often exceeded (arts. 2, 11, 12 and 16). The State party should take all necessary steps to ensure that under the law and in practice any persons deprived of liberty enjoy, from the outset of their deprivation of liberty, all fundamental legal guarantees as understood in the Committee’s general comment No. 2, namely: (a) The right to be informed of the reason for their arrest in a language they understand; (b) The right to have access to an independent lawyer or legal assistance in the event of insufficient resources; (c) choice; The right to be examined by an independent doctor, preferably of their (d) The right to contact and to see a member of their family or the consular authorities if the person in detention is a foreigner; (e) The right to appear before a competent, independent and impartial court within 48 hours; (f) The right to an effective and prompt remedy as regards the legality of the detention. Conditions of detention (14) The Committee takes note with concern of the information received concerning conditions of detention, which indicate a prison overpopulation rate exceeding 400 per cent. (About 1,396 persons are now held in the prison in Conakry, which has a capacity of 300.) This situation is exacerbated by the many illegal temporary detentions, such as the case described by the delegation during the dialogue concerning a temporary detention that lasted for 14 years without the detainee ever being brought before a judge. Furthermore, the 104 GE.14-12596