CAT/C/ESP/CO/5 to guarantee the rights of persons detained or in police custody. While this is in principle a positive step, the Committee considers that the normative status of this instruction to strengthen guarantees is insufficient (art. 2). The State party should regulate these matters, which concern fundamental rights such as the right to liberty and to physical integrity, by means of an appropriate regulation, and not merely a decision communicated by a Secretariat of State to its staff. 3. Incommunicado detention 12. The Committee takes note of the steps taken to improve the guarantees of individuals held in incommunicado detention, particularly: (a) the so-called “Garzón Protocol”, which provides for visits by a doctor trusted by the detainee (even though this Protocol has not been applied uniformly); (b) Measure 97 (c) of the Human Rights Plan, which stipulates that an individual held in incommunicado detention may be examined by another doctor affiliated with the public health system, freely appointed by the future national mechanism for the prevention of torture, as well as by a forensic doctor; and (c) Measure 97 (b) which — in accordance with various recommendations by international human rights bodies — provides that the State party shall adopt the necessary legal and technical measures to record, using video-recording or other audiovisual equipment, the entire period that individuals spend in incommunicado detention in police stations. The Committee is also pleased to note the commitment made in Measure 97 (a) to expressly forbid the use of incommunicado detention for minors. Nonetheless, the Committee must reiterate its concern — shared by all relevant regional and international human rights bodies — that the system of incommunicado detention used by the State party for offences involving terrorists or armed gangs, which may last for up to 13 days, undermines the guarantees of the rule of law in respect of ill-treatment and acts of torture. The Committee is especially concerned about the restrictions that incommunicado detention places on the access to and exercise of the fundamental rights and guarantees universally applied to persons deprived of their liberty (art. 2). The State party must review incommunicado detention with a view to its abolition, and ensure that all persons deprived of their liberty have access to the following fundamental rights of detainees: (a) To consult a lawyer of their choice; (b) To be examined by a doctor of their choice; (c) To have a family member or person of their choice notified of their arrest and current place of detention; (d) To meet privately with a lawyer (a right which is currently restricted even in the case of a court-appointed lawyer). The State party should also implement and strengthen the measures provided for in Measure 97 of the Human Rights Plan; in this respect, it is especially important that the video surveillance system covers all police stations nationwide and is installed in cells and interrogation rooms and is not limited to public areas. 4. Non-refoulement 13. The Committee takes note of the State party’s position that diplomatic guarantees do not contravene the provisions of article 3 of the Convention – if, for example, additional supervisory mechanisms are established which are expressly accepted and observed by the country concerned. In this regard, the Committee wishes to reiterate its previously stated position, that under no circumstances must diplomatic guarantees be used as a safeguard 4 GE.09-46805