CAT/C/MRT/CO/1 Independence of the judiciary 15. The Committee is concerned by credible reports regarding the exertion of pressure on members of the judiciary and interference in the judicial system. The fact that article 89 of the Constitution of 1991 states that the President of the Republic is the “guarantor of the independence of the judiciary” and presides over the Supreme Council of the Judiciary only heightens the Committee’s concerns in this respect. The Committee is concerned by the absence of measures to guarantee the effective independence of the judiciary (art. 2). The State party should: (a) Guarantee the full independence of the judiciary, in accordance with the Basic Principles on the Independence of the Judiciary (General Assembly resolutions 40/32 of 29 November 1985 and 40/146 of 13 December 1985); (b) Take appropriate measures to guarantee and protect the independence of the judiciary and ensure that its operations are free from any pressure or interference from the executive; (c) Provide the courts and judges with the support they need to operate in a wholly independent manner, including the necessary human, technical and financial resources; (d) Establish an independent body to review disciplinary decisions; (e) Invite the Special Rapporteur on the independence of judges and lawyers to visit the State party. Non-refoulement, migrants, refugees and asylum seekers 16. The Committee takes note with satisfaction of the fact that a new title that was added to the Code of Criminal Procedure in 2011 bars extradition if the person whose extradition is being requested would be in danger of being subjected to torture in the requesting State. The Committee is also pleased that the State party has opened up its borders to Malians who have been displaced by the violence that erupted in northern Mali in January 2012. The Committee has taken note of the information provided to it regarding the conclusion of agreements between the State party and Spain to combat irregular immigration and wishes to express its concern about the possibility of asylum seekers being mistaken for irregular immigrants, which could result in their arbitrary detention and violations of the principle of non-refoulement. The Committee finds it regrettable that information has not been made available regarding any decisions that would ensure that the State party effectively fulfils its obligation under article 3 of the Convention to uphold the principle of non-refoulement in the course of extradition proceedings, immigrant visa application procedures and asylum application procedures (arts. 2 and 3). The Committee recommends that the State party: (a) Ensure that no one, regardless of whether he or she is in the country in an irregular situation, is expelled, extradited or returned to a State where there are substantial grounds for believing that he or she would be in danger of being subjected to torture, that decisions in this connection are taken on the basis of an examination of each person’s individual case and that the persons concerned can appeal against such decisions; (b) Ensure that any person who is detained in connection with the effort to combat irregular immigration has access to an effective judicial remedy which allows that person to challenge the legality of administrative decisions regarding his or her detention, expulsion or refoulement; 6 GE.13-44591