CAT/C/GAB/CO/1 Committee is equally concerned by the fact that articles 12 and 15 of the Code of Criminal Procedure do not provide for sufficient mechanisms or procedures for protecting subordinates from reprisals if they refuse to obey a superior who orders them to commit an act of torture. (art. 2) The State party should guarantee, both by law and in practice, a subordinate’s right to refuse to carry out an order from a superior that is in breach of the Convention. It should also make certain that, in full conformity with article 2, paragraph 3, of the Convention, the execution of such an order is not accepted as a justification for torture. The State party should put mechanisms or procedures into place for protecting a subordinate from reprisals if he or she refuses to carry out an order from a superior that is in breach of the Convention. National Human Rights Commission 12. The Committee takes note of the fact that the State party has established the National Human Rights Commission in accordance with Act No. 19/2005 of 3 January 2006 and Decree No. 303/PR/MCAEPRDH of 31 March 2008, which sets forth the procedure to be used for designating the Commission’s members. The Committee is concerned, however, by the fact that the Commission does not yet have offices. In addition, the Commission does not have sufficient financial and human resources, lacks safeguards that would ensure its members’ independence and is not accredited with the International Coordination Committee of National Institutions for the Promotion and Protection of Human Rights. (art. 2) The State party should, as a matter of urgency, take steps to ensure that the National Human Rights Commission is functioning as it should, to guarantee its independence, and to provide it with the financial and human resources that it needs to discharge its mandate in full compliance with the Principles relating to the Status of National Institutions (Paris Principles, General Assembly resolution 48/134). The State party should also apply to the International Coordination Committee of National Institutions for the Promotion and Protection of Human Rights for accreditation of the National Human Rights Commission. National mechanism for the prevention of torture 13. The Committee regrets that the State party has not established a national preventive mechanism since its ratification of the Optional Protocol to the Convention against Torture 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 4 GE.13-40305