CAT/C/BEN/CO/2 page 4 Non-refoulement 11. The Committee is concerned at the lack of a legislative framework regulating expulsion, refoulement and extradition. In addition, the Committee is particularly concerned at the fact that the State party’s current expulsion, refoulement and extradition procedures and practices may expose individuals to the risk of torture (arts. 3 and 8). The State party should adopt a legislative framework regulating expulsion, refoulement and extradition in fulfilment of its obligation under article 3 of the Convention. The State party should also take urgent measures to bring current expulsion, refoulement and extradition procedures and practices fully into line with article 3 of the Convention, in particular: (a) Article 21 of the draft Criminal Code should be amended to include the “danger of being subjected to torture” as one of the grounds for the refusal of extradition, as required by article 3 of the Convention; (b) The expulsion, refoulement and extradition of individuals, including undocumented individuals, should be decided by a court after careful assessment of the risk of torture in each case and should be subject to appeal with suspensive effect; (c) The terms of judicial cooperation agreements signed with neighbouring countries should be revised so as to ensure that the transfer of detainees to another signatory State is carried out under a judicial procedure and in strict compliance with article 3 of the Convention. Fundamental safeguards 12. The Committee notes with concern that the existing provisions of the Code of Criminal Procedure do not specifically provide for the right of access to a lawyer for persons held in police custody. Of equal concern to the Committee is the fact that a medical examination, which is carried out by a doctor designated by the public prosecutor, is permitted only by decision of the latter or at the request of the detainee. Lastly, the Committee regrets that defendants rarely request legal assistance (arts. 2 and 11). The State party should reform the provisions of its Code of Criminal Procedure relating to police custody so as to ensure that persons held in custody are effectively protected from physical and mental harm. In particular, the draft Code of Criminal Procedure should guarantee the right to consult a lawyer and a doctor of one’s choice and to contact family members, and should also include the principle of presumption of innocence and the obligation to inform all arrested persons of their right to receive legal assistance. Administration of justice 13. The Committee notes with concern that the information received reveals flaws in the State party’s justice administration system. There are allegations of widespread corruption among