C. Subjects of concern and recommendations (9) The Committee remains concerned that despite extensive legislative reforms, impunity and intimidation still persist in the State party, in particular in relation to the use of excessive force, including torture and other forms of ill-treatment by law-enforcement officials, especially prior to and during arrest, during prison riots and in the fight against organized crime (art. 2). The State party should give higher priority to efforts to promote a culture of human rights by ensuring that a policy of zero tolerance is developed and implemented at all levels of the police-force hierarchy as well as for all staff in penitentiary establishments. Such a policy should identify and address the problems, and should elaborate a code of conduct for all officials, including those involved in the fight against organized crime, as well as introduce regular monitoring by an independent oversight body. (10) The Committee notes that there is currently an apparent contradiction between articles 17 and 18 (4) of the Constitution, whereby the former stipulates that the right to protection from torture is non-derogable, whereas article 18 (4) allows for the derogation of certain rights (art. 2). The State party should bring article 18 (4) of its Constitution in line with the Convention. The Committee further recommends that any exceptional measures adopted during emergencies are in line with the provisions of the Convention. (11) The Committee is concerned about compliance by the State party with article 3 of the Convention, in particular the use of diplomatic assurances in adjudicating requests for refoulement, extradition and expulsion of persons accused of criminal activities (art. 3). The State party should consider each case on its individual merit and should resort to the practice of requesting diplomatic assurances with great caution. The State party should provide the Committee with details on how many cases of refoulement, extradition and expulsion subject to receipt of diplomatic assurances or guarantee have occurred since 2002, what the State party’s minimum contents are for such assurances or guarantees, and what measures of subsequent monitoring it has undertaken in such cases. (12) The Committee is also concerned about the relatively low number of convictions and disciplinary measures imposed on law-enforcement officials in the light of numerous allegations of torture and other acts of cruel and inhuman or degrading treatment, as well as the lack of public information about such cases (art. 4). The State party should strengthen its investigative capacity, including that of the Prosecutor-General’s office, in order to promptly and thoroughly examine all allegations of torture and ill-treatment and to ensure that statistics on convictions and disciplinary measures be regularly published and made available to the public. (13) The Committee is also concerned by information received from non-governmental organizations asserting that in some instances detainees are not duly informed of their right to counsel or their right to be examined by a medical doctor of their own choice (art. 6). The State party should take all necessary steps to ensure that all detained persons are duly informed of their rights immediately upon arrest and that they are provided with prompt access to a lawyer and to a doctor of their own choice. The State party should inform the Committee on the specific measures taken in this respect. (14) The Committee is concerned about information regarding the existence of agreements which provide that citizens from certain States who are on Georgian territory cannot be transferred to the International Criminal Court in order to be tried for war crimes or crimes against humanity (arts. 6 and 8). 44