E/CN.4/2001/66/Add.1 page 22 an investigator for up to 30 days since, as they explained, the arrest warrant issued by a prosecutor is valid for two months. However, it was clearly stated that at the end of the first month, the person had to be transferred to a pre-trial detention centre under the jurisdiction of the Ministry of Justice, even where the person was not yet formally charged. According to non-governmental organizations, “Article 146 [of the Criminal Procedure Code] states that preliminary investigation must be completed in two months, but then goes on to detail that extensions may be granted by higher-level procuracy officials for several months, and for an indefinite period in ‘exceptional cases’ upon the authorization of the General Prosecutor.”7 On the other hand, according to the General Prosecutor, the Criminal Procedure Code provides that, only with respect to the most serious crimes, a prosecutor can prolong the detention for up to 10 days. But he added that in the case of the nine most serious crimes, this detention can last for up to 18 months. 80. According to the new Criminal Procedure Code, a person can be held for up to 24 hours upon the decision of a prosecutor or an investigator from the Ministry of Internal Affairs (police) or from the Ministry of National Security. Paragraph 4 of article 148 of the Criminal Procedure Code provides that “[i]f the decision on starting the criminal process is not taken within 24 hours after the person’s arrest, the arrested person should be immediately freed.” It further provides that “[e]ven if such a decision is taken the arrest cannot last more than 48 hours.” All official interlocutors indicated that the second 24-hour period had to be ordered by a prosecutor, in any case. The General Prosecutor indicated to the Special Rapporteur that an investigator can only take someone into custody if a criminal file had been opened with a prosecutor. This meant that, contrary to the previous system, a prosecutor must be informed immediately of any arrest and can therefore monitor the entire duration of the deprivation of liberty. According to the General Prosecutor, this system also ensured that a lawyer was informed on time. However, the Special Rapporteur notes that subparagraph 3, paragraph 2, of article 153 only provides that every arrest must be recorded with the “head of investigation organ or the prosecutor managing the initial process (this information is given in writing within 12 hours of arrest).” 81. With respect to the monitoring of the initial period of detention, on 17 December 1999, the Prosecutor General issued the “Order on Additional Measures relating to Observations under the United Nations Convention against Torture” which stresses the necessity of increasing the efficiency of prosecutors’ supervision and monitoring of investigation and pre-trial detention places in order to prevent cases of torture and to prosecute eventual perpetrators.8 82. Paragraph 4 of article 148 of the Criminal Procedure Code provides that during this initial 48-hour period of detention, “the arrested person should be announced accused and brought to court within 48 hours of his arrest, the court should adjudge the case without delay and should decide either to take resolute arrest measures or to free the person.” Paragraph 3 of article 150 similarly provides that “[t]he arrest of the suspicious person cannot last more than 48 hours in order to announce accusation (...) the person should be brought to the court within 48 hours of his/her arrest, the court should adjudge the case without delay and should decide either to take resolute arrest measures or to free the person.” Then, the person must be transferred to a remand centre (under the jurisdiction of the Ministry of Justice) within three days. Thus, paragraph 3 of article 157 of the Criminal Procedure Code provides that “[t]he person arrested by the decision of court may not be kept at the temporary detention place more than three days and should be transferred promptly to a [remand centre] ...”.