A/68/44 and Other Cruel, Inhuman or Degrading Treatment or Punishment on 22 September 2010 (art. 2). The State party should adopt appropriate measures as soon as possible, in consultation with all stakeholders, to establish a national preventive mechanism in accordance with article 3 of the Optional Protocol and to provide it with the financial and human resources that it needs in order to perform its functions effectively on an entirely independent basis in accordance with article 18, paragraph 3, of the Optional Protocol and guidelines Nos. 11 and 12 of the Subcommittee on Prevention of Torture. Judicial reform (14) While taking note of the additional information provided by the State party, the Committee is concerned by the information contained in paragraph 11 of the State party’s initial report concerning breaches and misconduct on the part of judicial officials, including “corruption, … fraudulent removals of evidence from files; paroles for frivolous reasons of dangerous criminals without guarantee that they will appear in court; … disappearances of files removed by judges or court officials; disappearances of sealed documents and other evidence”. These breaches are serious enough to impede the investigation of complaints of torture, the taking of evidence of torture, the progress of inquiries and trials, and the punishment of guilty parties. They may also prevent the parties concerned from fully enjoying rights set out in the Convention and may hinder the proper administration of justice. The Committee is also disturbed by the absence of safeguards for the protection of the effective independence of the judiciary, the obsolete nature of the legislation governing the conduct of judges, the lack of qualified personnel, the absence of systematic investigations and the failure to punish judges who commit such breaches, all of which may hamper the effective administration of justice as a means of combating torture (art. 2). The State party should: (a) Pursue the reform of the judicial system that it has initiated in order to improve the performance of the judiciary and strengthen its institutional structure; (b) Guarantee and strengthen the effective independence of judges, ensure their security of tenure, improve the legislation governing their conduct, increase the number and quality of available human-resource capacities and provide judges with improved training (including in-service training) while taking into account the actual situation in the State party and the provisions of the Convention; and (c) Reinforce the measures in place for countering judicial misconduct, particularly corruption in all its forms, which may hinder the progress of inquiries and of independent, impartial and appropriate legal proceedings against perpetrators of torture and interfere with the conviction of guilty parties. The State party should, in particular, carry out inquiries, bring guilty parties before the Disciplinary Council and impose suitable penalties upon them. Non-refoulement of undocumented foreign nationals (15) While taking note of the information provided by the State party regarding the removal of undocumented foreign nationals from Minkébé in June 2011 as provided for in Gabonese legislation, under which persons may be removed from Gabonese territory if they undermine public order or national security or have not respected the conditions of their stay in the country as established by law, the Committee is concerned by the lack of information on the manner in which these foreign nationals were removed and, in particular, wishes to know whether the decision to remove them was taken on an individual or collective basis, whether they had an opportunity to appeal that decision and what the outcome has been. The Committee is also concerned about the lack of information 16 GE.13-46043