A/HRC/42/39/Add.1 (a) Introduce amendments in the Penal Code in order to define the terms “arrest” and “detention” and broaden the scope of the offence of illegal arrest to include any physical apprehension that results in the deprivation of liberty; (b) Ensure that the Penal Code amendment bill is enacted to decriminalize consensual same-sex relations between adults. 91. The Working Group recommends that the Government build upon its positive initiatives to address the arbitrary deprivation of liberty by taking the following measures: (a) Make greater use of open-air prisons by reviewing the eligibility criteria; (b) Provide support to civil society organizations, including those that work on access to justice and legal aid, and for the training of more social workers with professional education in social work and counselling; (c) Increase the use of the diversion programme and strengthen the capacity of the National Commission for Women and Children by increasing the number of its professional counsellors and social workers; (d) Consider carefully any initiatives that would lead to the opening of new places of deprivation of liberty, especially in the context of immigration control and psychosocial disability; (e) Carry out an audit of the custody registers required so as to ensure a more streamlined approach. 92. The Working Group recommends that the Government take the following measures in relation to criminal justice: (a) Remove non-bailable offences from the Civil and Criminal Procedure Code and any other criminal legislation so that all detainees have the right to seek an individualized assessment by a judicial authority of whether pretrial detention is reasonable and necessary in their case; (b) Reform the current system of pretrial detention, including by: (i) Ensuring that pretrial detention takes place in appropriate facilities suitable for the length of such detention; (ii) Placing children in pretrial detention only as a measure of last resort, in full compliance with article 37 of the Convention on the Rights of the Child, and requiring such detention to take place in facilities appropriate for holding children, with effective access to education and age-appropriate recreational activities; (iii) Ensuring that women in pretrial detention are always held separately from men and that such detention fully respects their rights to meaningful outof-cell time under the same conditions as men; (iv) Ensuring that pretrial detention facilities make it possible to respect the non-convicted status of individuals and the presumption of innocence of such detainees, including the separation of persons in pretrial detention from convicted persons; (v) Allowing pretrial detainees to enjoy meaningful out-of-cell time, which includes spending a reasonable part of the day outside their cells in addition to at least one hour of exercise in the open air, and a choice of purposeful activities; (vi) Providing all detainees with mattresses and bedding appropriate for the prevailing weather conditions; (vii) Guaranteeing that children in pretrial detention have access to education and adequate opportunities to participate in sports, physical exercise and ageappropriate leisure-time activities; 17