A/68/44 The State party should: (a) In accordance with the commitment it made during the universal periodic review, end impunity of persons who have committed acts of torture by launching credible, prompt and impartial investigations into all allegations of torture or ill-treatment committed by members of the security services or others, in particular on the premises of the National Intelligence Agency in 2009, and, where necessary, punish those responsible in accordance with the gravity of their acts; (b) Include a provision on the non-applicability of statutory limitations to the crime of torture in the Criminal Code and remove the provision establishing a 10year period of limitations that is reportedly included in the current draft Criminal Code; (c) Implement all measures necessary to comply with its obligations under the Convention, particularly its obligation to combat impunity of perpetrators of acts of torture. The Committee reminds the State party that, in accordance with article 27 of the Vienna Convention on the Law of Treaties, “a party may not invoke the provisions of its internal law as justification for its failure to perform a treaty”; (d) Take measures to implement the recommendations of the National Human Rights Commission regarding the allegations of torture and ill-treatment on the premises of the National Intelligence Agency and in other places of detention; (e) Establish a special central register for cases of torture or cruel, inhuman or degrading treatment, and provide information on the results of the investigations launched. Pretrial detention (12) The Committee notes with concern that more than 65 per cent of detainees are in pretrial detention, which calls into question the principle of the presumption of innocence and contributes to prison overcrowding throughout the country. It is concerned that the time limits for pretrial detention are not always respected, and that persons are kept in detention for years without being tried, including for minor offences, which reflects a major dysfunction in the judicial system. The Committee is concerned that one of the reasons for the high incidence of pretrial detention is the shortage of judges and facilities and that the delay in legislative reform is impeding the introduction of the position of liberties and detention judge, who could contribute to reducing the incidence of pretrial detention (arts. 2, 11 and 16). The State party should: (a) Expedite the national programme to modernize the justice system and take measures to restrict the use of pretrial detention, as well as its duration, using non-custodial penalties and alternatives to detention, in accordance with the United Nations Standard Minimum Rules for Non-custodial Measures (the Tokyo Rules); (b) Transfer minor offences from the criminal justice system to the preventive justice system; (c) Improve training for magistrates, judges, prosecutors, prefects, subprefects and lawyers on the principle of the presumption of innocence, which would reduce the incidence of pretrial detention; (d) Ensure that, when there are compelling reasons to place the defendant in pretrial detention, all the time limits for the accused and defendants are respected; (e) expired; 88 Release all persons for whom the maximum legal period of detention has GE.13-46043