A/68/44 Fundamental legal safeguards (8) The Committee takes note of the procedural safeguards introduced in the 2010 Code of Criminal Procedure (CPC), including the registration of detainees within three hours of arrival at the police station (art.94.1), the right to have a lawyer (arts.22.1 and.49.2), and the right not to be detained for more than 72 hours from the moment of arrest (art. 92.3). However, the Committee expresses concern that the lack of clarity as to when the person is considered to be detained under this law (art. 91.1), leaves detainees without basic legal safeguards for the period between arrest and official acknowledgement of detention. It has been reported that, in practice and in the majority of cases, detainees are not afforded the rights of timely access to a lawyer and an independent doctor, notification of family members, and other legal guarantees to ensure their protection from torture. In particular, the Committee is concerned by numerous allegations regarding the failure of police officials to keep accurate records of all periods of deprivation of liberty; to register suspects within three hours of arrival at the police station; to adhere to the 72-hour time limit for releasing or transferring suspects from a police station to pretrial detention facilities; and to notify family members of transfers of detainees from one place of deprivation of liberty to another. Furthermore, it is concerned that article 111-1 of the CPC allows judges to authorize pretrial detention solely based on the gravity of the alleged crime committed, and that it can be extended up to 18 months (art. 2). The Committee urges the State party to take prompt and effective measures to ensure, in law and in practice, that all detainees are afforded all legal safeguards from the very outset of their apprehension. In particular, the State party should: (a) Amend the CPC to ensure that arrest starts from the moment of de-facto apprehension; (b) Establish an official, central register in which the arrest is scrupulously and immediately recorded, including at the minimum: (i) the time of arrest; (ii) the reason for arrest; (iii) the names of the arresting officer(s); (iv) the location where they are detained and any subsequent transfers; and (v) the names of the officers responsible for them in custody. Responsible officers who fail to record such information should be held accountable; (c) Ensure that suspects are informed of their rights at the very moment of apprehension as well as reasons for their detention; (d) Guarantee the right to access lawyers of their choice from the moment of apprehension and to hold consultations in private, including through the adoption of legal provisions in this respect; (e) Ensure that anyone arriving at a detention facility undergoes a routine medical examination, and that access to independent doctors is provided when requested by the detainee without conditioning such access on the permission or request of officials; (f) Mandate that a detainee be brought promptly before a judge, in line with international standards, and reduce the 72-hour period of police custody; (g) Amend the CPC to repeal the 12-hour period for notification of arrest by law enforcement officers to family members; (h) Amend the CPC to ensure that pretrial detention is not authorized by courts based only on the gravity of the alleged crime, and that periods of pretrial detention cannot be extended when the prosecution has failed to present well-founded grounds for the person to remain in custody. GE.13-46043 77