A/HRC/43/49/Add.1 (c) Take the measures necessary to ensure that torture is established as an offence in national law and adopt a definition of torture that includes all the elements contained in article 1 of the Convention against Torture, including the infliction of torture by or at the instigation of or with the consent or acquiescence of a public official or other person acting in an official capacity. The Government should also ensure that such offences are made punishable by appropriate penalties that take into account their grave nature, in accordance with article 4 (2) of the Convention against Torture; (d) Promulgate the new Penal Code; (e) Ensure the section of the Penal Code concerning evidence to be admitted in judicial proceedings is in line with the provisions of article 15 of the Convention against Torture and explicitly excludes any evidence obtained as a result of torture; (f) Review all legal provisions that impede freedom of expression or freedom of association and assembly, as they are broad and subject to abuse by law enforcement agencies, in particular the gendarmerie and the National Police Intervention Unit, resulting in the detention and interrogation of persons, in particular journalists, human rights defenders and opposition leaders, all of whom are at risk of torture or ill-treatment during interrogation; (g) Amend national legislation to restrict the use of force and firearms by the police and to ensure that the powers of all law enforcement officials are stipulated and are subject to the Basic Principles on the Use of Force and Firearms by Law Enforcement Officials (that the use of firearms can be lawful only where it is necessary to confront an imminent threat of death or serious injury or a grave and proximate threat to life); (h) Conduct a systematic review of criminal legislation and sentencing policies on drug offences and other lesser, non-violent offences with a view to reducing lengthy sentences; (i) Adopt the bill pending adoption in the parliament on the organization of prisons, which prioritizes prisoner rehabilitation and the training of prison officers; (j) Reinstate the National Commission for Preventing and Fighting Corruption to independently and effectively combat corruption. 112. With regard to safeguards and prevention, the Government should: (a) Improve data management to ensure the prompt official registration of all persons deprived of their liberty and periodically inspect custody records at police and prison facilities to make sure that they are maintained in accordance with the procedures established by law; (b) Guarantee detainees the right to a lawyer in all circumstances and without exception and ensure that they have access to a lawyer from the moment of deprivation of liberty and are brought before a magistrate within 48 hours of apprehension; (c) Ensure that all detained persons are guaranteed the possibility to challenge effectively and expeditiously the lawfulness of their detention with the assistance of a lawyer, in particular those held in prolonged pretrial detention who may be eligible for bail; (d) Ensure that statements or confessions taken from persons deprived of their liberty, other than those made in the presence of a judge and with the assistance of legal counsel, have no probative value in proceedings against those persons, and that confessions and testimonies that may have been obtained through torture or other ill-treatment are not used in any proceedings; (e) Ensure that fundamental safeguards are granted to all persons deprived of their liberty without exception, such as the right to be informed of their rights and about the reasons for their arrest, the right to inform their family of their arrest and whereabouts, the right to a lawyer, the right to see a medical doctor and the right not to self-incriminate and not to sign documents of unknown content; 15