A/HRC/45/45/Add.3 provided to launch a comprehensive reform process. This resulted in the setting up of the Office of National Security, the development of a comprehensive assessment of key security institutions, and the launching of the National Security Policy in 2019. 3. Judicial reform 90. As noted by several stakeholders during the Special Rapporteur’s visit, the country’s judiciary requires rebuilding, owing to its perceived lack of independence, its alleged corrupt practices and its severe lack of adequate human and material resources. Members of the judiciary are scarce and insufficiently trained, basic technical equipment is lacking and the infrastructure is often inadequate. Regarding the perceived lack of independence and corrupt practices, the Government took some steps to improve the composition of the judiciary by appointing new judges and a new Chief Justice, who also heads the Supreme Court.29 91. The judiciary’s shortcomings hinder its capacity to carry out criminal prosecutions and may jeopardize the achievement of justice for past abuses as well as the adjudication of present and future offences. The Special Rapporteur observed with concern the lack of attention given to the revamping of the judicial system to prepare it for a democratic transition founded on the rule of law. This should become a priority for the Government, as well as for the international community that wishes to support the country’s transitional justice process. 92. The Special Rapporteur would like to restate nonetheless that the resource and capacity constraints do not excuse the judiciary or the Government from engaging in the much-needed and long-awaited accountability for abuses of the past regime. 4. Constitutional and legal reform 93. The Government has embarked on a process of reforming its legal framework to prevent a recurrence of past abuses. The National Assembly enacted the Constitutional Review Commission Act in December 2017 to draft a new constitution. It established a Constitutional Review Commission to undertake the review, for which it conducted extensive public consultations at the national level and with the diaspora. A draft new constitution was presented to the public in March 2020. Concerns have been raised about certain provisions in the draft that are not in line with international standards, for example, those in relation to restrictions to the right to life. In addition, the draft does not explicitly abolish or prohibit the death penalty and does not prohibit the crime of enforced disappearance. Furthermore, it grants only an interpretative role to international human rights treaties. 94. The Government also initiated a reform of the Criminal Code and the Criminal Procedure Code. The process is supported by the United Nations Office on Drugs and Crime. Two stakeholders’ meetings were organized in November 2018 and October 2019 to coordinate and discuss a draft text. The meetings were attended by actors involved in the process, including representatives of the Government, the United Nations Office on Drugs and Crime, United Nations entities and the diplomatic community. The process has nonetheless been criticized by civil society for insufficiency of consultation. During the visit, civil society organizations reported that they had not received the draft codes circulated to other actors until they had requested them from the authorities. 95. Concerns have been expressed by stakeholders, including United Nations entities and civil society, that the revised codes have thus far not criminalized torture and enforced disappearance and have retained the criminalization of same-sex relations. The death penalty has been removed in the draft Criminal Code, which is a welcomed development. Reports received during the visit indicate that separate legislation is being planned to criminalize torture. 29 www.hrw.org/world-report/2018/country-chapters/gambia. 17