A/HRC/16/52 notes that pretrial detention is often carried out for the purpose of extracting a confession under torture. Experience shows that most acts of torture, and certainly the most cruel and egregious, happen in the first few hours or days after a person’s arrest, and while he/she is technically under preventive detention. In this respect, he recalls article 15 of the Convention, and like his predecessors, recommends that no statement of confession made by a person deprived of liberty, other than that made before a court, should be admissible or be afforded probative value in any judicial proceeding. 65. In order to identify structural methods of assisting States in developing, adopting and fulfilling the above-mentioned obligations, the Special Rapporteur will encourage Governments to reinforce their legislative norms through protocols, instruments and methodological guides targeted at ensuring effective guarantees for persons deprived of their liberty. These measures include effective realization of the right of detainees in custody to challenge the lawfulness of their detention before an independent court (e.g., the right to habeas corpus). Further, States should promote and apply non-custodial measures such as bail and probation, respect medical inspection upon admission and compulsory medical inspection during transfer, and introduce video and audio recordings of proceedings in interrogation rooms. There must be formal procedures by which a detainee is informed of his/her rights, including the right to remain silent and to consult a lawyer, as well as effective sanctions for failure to respect these rights. The Special Rapporteur recognizes the importance of continuing dialogue with States with a view to strengthening legislative mechanisms aimed at preventing torture and ill-treatment in pretrial detention. He notes that various mandate holders have expressed concerns about pretrial detention, and undertakes to hold further discussions with them in order to identify and promote best practices on measures to prevent, punish and eradicate torture and other ill-treatment in pretrial detention. This will also be done by using fact-finding country visits and information provided by reliable sources to identify challenges and illustrate good practices. F. Conditions in detention 66. In previous reports11, conditions of detention have been documented extensively based on information received from various sources, in particular, factual observations made as a result of fact-finding missions. The Special Rapporteur is deeply concerned by the large number of places of detention that do not meet minimum international standards. He plans to engage with States that permit such conditions as well as with those that lack the ability or resources to institute minimum standards. He will seek to address the systematic deprivation of the most basic human rights standards relating to conditions of detention, including those related to food, water, clothing, health care and minimum space, as well as hygiene, privacy and security necessary for a humane and dignified existence, as conditions that in and of themselves can constitute cruel, inhuman or degrading treatment. G. Torture in secret detention 67. The Special Rapporteur recalls General Assembly resolution 60/148, and Council resolution 8/8, both stating that prolonged incommunicado detention or detention in secret places may facilitate the perpetration of torture and other cruel, inhuman or degrading treatment or punishment, and could in themselves constitute a form of such treatment. 11 A/HRC/13/39/Add.5 15