E/CN.4/2001/66/Add.1 page 30 117. In fact, it is the Special Rapporteurs intuitive impression that there has been a reduction in the incidence of physical torture in the past two years or so, especially as far as detainees held in connection with alleged criminal activities committed for political motives are concerned. Nevertheless, he was convinced by numerous testimonies he received in Gobustan and elsewhere that systematic, prolonged torture had been inflicted on any detainees thought to have been involved in the attempted escape from that institution in January 1999. 118. Under these circumstances, the palpable fear he encountered in those held in the remand centre at Ministry of National Security headquarters seemed understandable, particularly as the premises effectively serve as a police station, temporary detention facility and remand centre where persons can be held until conviction and sentencing. Also, the officer in charge of the detention cells made clear that he and his staff did not monitor what transpired between investigators and detainees during interrogation sessions. There was no question of any ill-treatment while detainees were in the detention area under his jurisdiction. Indeed, the regime the Special Rapporteur found there was exemplary. 119. The Special Rapporteur is aware that substantial legal reforms could have a significant impact on the problem. Ill-treatment has evidently been facilitated by the power of prosecutors to order detention in temporary detention facilities (under Ministry of Internal Affairs jurisdiction) for up to 30 days. Limited access to lawyers, especially by those who are either ignorant of the function of a lawyer or who have to rely on often poorly paid and motivated State-assigned lawyers and who may thus waive what rights they have (fear may also lead to such waiver), means that legal provisions for access do not sufficiently guarantee the safety of detainees. B. Recommendations 120. Accordingly, the Special Rapporteur makes the following recommendations: (a) The Government should ensure that all allegations of torture and similar ill-treatment are promptly, independently and thoroughly investigated by a body capable of prosecuting perpetrators; (b) Prosecutors should regularly carry out inspections, including unannounced visits, of all places of detention. Similarly, the Ministries of Internal Affairs and of National Security should establish effective procedures for internal monitoring of the behaviour and discipline of their agents, in particular with a view to eliminating practices of torture and ill-treatment; the activities of such procedures should not be dependent on the existence of a formal complaint. In addition, non-governmental organizations and other parts of civil society should be allowed to visit places of detention and to have confidential interviews with all persons deprived of their liberty; (c) Magistrates and judges, like prosecutors, should always ask a person brought from police custody how they have been treated and be particularly attentive to their condition;