(c) Ensure the availability of sufficient youth facilities so that all juveniles in conflict with the law are held separately from adults in pretrial detention, as well as after correction; (d) Expedite the changes in legislation and administrative procedures necessary for the withdrawal of its reservation to article 37 (c) of the Convention of the Rights of the Child. Conditions of detention (9) The Committee notes with concern the insufficient number of prison facilities in light of the forecasted growth in prisoners numbers which may lead to inter-prisoners’ violence. The Committee is also concerned at the inadequate provision of mental health care and legal services to mentally ill inmates in prisons. The Committee is concerned at the use by prison authorities of instruments of physical restraint that may cause unnecessary pain and humiliation (arts. 11 and 16). In order to improve the arrangements for the custody of persons deprived of their liberty, the State party should undertake measures to reduce overcrowding, including consideration of noncustodial forms of detention in line with the United Nations Standard Minimum Rules for Non-custodial Measures (The Tokyo Rules), and in the case of children in conflict with the law ensure that detention is only used as a measure of last resort. It should also provide adequate mental health-care and legal services for all persons deprived of their liberty, particularly to inmates suffering from mental illnesses. The State party should keep under constant review the use of instruments of restraint that may cause unnecessary pain and humiliation, and ensure that they are used only when necessary, and that their use is appropriately recorded. Ensuring prosecution (10) The Committee is concerned that the Crimes of Torture Act 1989 provides that no proceedings for the trial and punishment of a person charged with torture under the Act shall be instituted without the consent of the Attorney-General. The Committee is further concerned that if it were alleged that a member of the New Zealand Armed Forces had committed an offence under the Crimes of Torture Act, the commanding officer of that person might decide not to record a charge under that Act or refer the allegation to the appropriate civil authority for investigation if he considered that the allegation is not well-founded. Lastly, the Committee is also concerned that if it were alleged that a serious crime such as an offence under the Crimes of Torture Act had been committed, the decision to prosecute the alleged perpetrator, subject to the Attorney-General’s consent, would be left to the police if found to be in the public interest (art. 12). The State party should consider abandoning the system which gives the Attorney General discretion to decide whether or not to prosecute, even in cases in which there is reasonable ground to believe that an act of torture has been committed, as well as the discretion given to the police to prosecute alleged perpetrators on the basis of public interest. In addition, the State party should ensure that where there is reasonable ground to believe that an act of torture has been committed, impartial and effective investigations should be launched immediately, even in cases where a commanding officer considers that the allegation is not well-founded. Allegations of ill-treatment (11) The Committee is concerned that allegations of cruel, inhuman or degrading treatment, inflicted by persons acting in an official capacity against children in State institutions, and against patients in psychiatric hospitals have not been investigated, perpetrators not prosecuted, and victims not accorded redress, including adequate compensation and rehabilitation (arts. 12, 14 and 16). The State party should take appropriate measures to ensure that allegations of cruel, inhuman or degrading treatment in the “historic cases” are investigated promptly and impartially, perpetrators duly prosecuted, and the victims accorded redress, including adequate compensation and rehabilitation. 105