A/HRC/28/68/Add.4 37. There are three official prisons in the Gambia: Mile 2 Central Prison (which contains a female wing), Jeshwang Prison (which contains a juvenile wing) and Janjanbureh Prison. Unofficial places of detention 38. The Special Rapporteur heard testimonies and received corroboration from a number of reliable sources that there were also “unofficial” places of detention in the Gambia, including secret cells at the National Intelligence Agency and the National Drug Enforcement Agency headquarters, and in military barracks, prisons and police stations, particularly in remote areas. He also received numerous testimonies that referred to a “bambidinka”, or crocodile pond, which is reportedly a “dungeon” of small, dark and isolated holding cells in the ground, reportedly at Jeshwang Prison and National Intelligence Agency headquarters. The Special Rapporteur also received detailed maps and sketches of unofficial buildings that were used for such purposes, including old forts and warehouses. He was unable to verify their existence independently as he had to suspend visits to detention centres. B. Safeguards and prevention Official registration upon deprivation of liberty 39. In accordance with international standards, all persons must be officially registered from the moment their liberty is restricted. It appears that suspects “of high interest” detained by the National Intelligence Agency are usually not officially registered. Instead, they are held in detention beyond the 72-hour limit, for days or weeks, incommunicado, without being brought before a judge and without judicial oversight. Families are not notified until such time as the suspects are transferred to police custody in order to sign confessions. There are accounts that the police also exceed the 72-hour limit in some cases. 40. There is a two-stage approach to National Intelligence Agency detentions. The agency detains individuals in unofficial places of detention during the investigation phase and then turns them over to the police, at which time the formal process of detention and arrest begins. It is precisely before the formal arrest when torture is most prevalent. Access to a lawyer 41. A fundamental safeguard against torture and ill-treatment is the right of access to a lawyer at all stages of the investigation process and particularly from the moment of apprehension. Section 19, paragraph 2, of the Constitution provides for that right. However, not only are many individuals initially detained incommunicado, but the right to a lawyer is also not effectively exercised as the vast majority of detainees cannot afford a lawyer. 42. The National Agency for Legal Aid was established in 2008 by the Legal Aid Act and launched in 2010. The Act provides for legal aid to be accorded to a person charged with an offence that carries a punishment of death or imprisonment for life and to a child in proceedings in the Children’s Court, brought by or on behalf of a child. 43. The Legal Aid Act also provides for legal aid to be accorded to a person desiring “legal representation in any criminal or civil matter earning not more than such minimum wage as the Government may specify”. However, this latter provision will only come into force on a date to be determined by the Attorney-General by an order published in the Official Gazette. The scheme is not comprehensive enough to cover all criminal offences, so the vast majority of defendants have no access to legal representation. 9