CAT/C/TUN/CO/3 18. The State party should: (a) Expedite the adoption of draft laws and the establishment of the new judicial bodies and ensure that they are in conformity with the Constitution and international standards on the independence of the judiciary; (b) Ensure that, in cases of alleged torture or ill-treatment, investigating judges promptly order that a psychological and physical forensic examination of the detainee be performed and immediately and systematically report violations to the State prosecutor, in accordance with articles 13 and 14 of the Code of Criminal Procedure, while guaranteeing the protection of the victim; (c) Carry out more training of judges and public prosecutors, reminding them of their duty to take the necessary measures whenever they have reason to believe that a person appearing before them may have been subjected to torture or duress. The competent authorities should hold responsible those persons whose duty it is to apply the law, including judges who fail to respond appropriately to allegations of torture raised during judicial proceedings. Impunity for acts of torture and ill-treatment 19. The Committee is concerned about consistent reports of the lack of due diligence exercised by judges and the judicial police, which report to the Ministry of the Interior and are responsible for investigating cases of violence committed by State officials, in the course of investigations into torture or ill-treatment. It also notes with concern that prosecutors dealing with complaints of torture sometimes decide to conduct preliminary inquiries instead of sending the case to an investigating judge, thus preventing the victim from seeking criminal damages. In the light of the above, the Committee expresses its concern that, according to the additional updated report, of the 230 cases of torture brought before the courts between January and July 2014, 165 are still in the investigation stage and the accused have been convicted in just 2 cases, receiving suspended sentences. While also noting the additional information provided by the delegation on legal cases involving torture between March and December 2015 for which investigations are still under way, and on the disciplinary action taken against the perpetrators of such offences in the past five years, the Committee considers it regrettable that no information has been given on the number of criminal convictions and penalties handed down, in particular under article 101 bis of the Criminal Code, and regrets the confirmation that just one sentence of 2 years’ imprisonment has been handed down under that provision (arts. 2, 12, 13 and 16). 20. The State party should: (a) Ensure that all complaints of torture or ill-treatment are promptly investigated in an impartial manner and with due diligence by independent judicial officials, and that persons suspected of such acts are duly tried and, if found guilty, are punished in a manner commensurate with the gravity of their acts; (b) Forward complaints of acts of torture or ill-treatment without delay to an investigating judge so that the victim is able to seek criminal damages and take an active part in the investigation; (c) Ensure the impartiality of inquiries conducted by the police, for example by transferring the judicial police service to the Ministry of Justice; (d) Ensure that persons suspected of torture or ill-treatment are immediately suspended from duty for the duration of the investigation, particularly when there is a risk that they might otherwise be in a position to repeat the alleged act, to take reprisals against the presumed victim or to obstruct the investigation; GE.16-09569 5