102. Moreover, they are included in the Criminal Code which defines torture as “any act through which pain or sharp, physical or mental suffering is intentionally inflicted on a person with the particular aim of extracting information or confessions from him or a third party, punishing him for an act which he or a third party has committed or is suspected to have committed, intimidating him or bringing pressure to bear on him or intimidating or bringing pressure to bear on a third party, or for any other reason based on any form of discrimination whatsoever, where such pain or suffering is inflicted by an official of the Civil Service or any other person acting in an official capacity or at his instigation or with his express or tacit consent. This term shall not extend to pain or suffering only resulting from legitimate sanctions, inherent to these sanctions or caused by same ” (Article 209). 103. The Code imposes punishment with a term of imprisonment of one to five years, a term of solitary confinement of five to ten years (where the violence led to mutilation, amputation, etc.), or the death penalty in the event where death occurs (Art. 209). 104. As a result of this, any arrested or detained person should be treated in a manner that preserves his dignity and guarantees his physical or moral integrity. Right to the Security of the Person and Prohibition of Arbitrary Arrest and Detention (Article 6) 105. The Constitution of 25 February, 1992 and the Criminal Procedure Code establish personal safety and security through various provisions. Under Article 1 of Title One of the Constitution on human rights, “the human being shall be sacred and inviolable. Any individual shall be entitled to life, freedom, security and integrity of his person.” Articles 2, 3, 4, 5, 9, 10 and 12 provide guarantees against arbitrary arrest and detention, acts of torture and other cruel, inhuman or degrading treatment. 106. The presumption of innocence and the right to a defence, including the right to be assisted by counsel of the accused person’s choice from the preliminary investigation, are guaranteed (Art. 9 of the Constitution). Furthermore, the new Criminal Procedure Code which establishes pre-trial custody in place of remand provides that in the case of offences, the duration of the committal order is six months with one renewal by a ruling justified by the examining magistrate. In the case of crimes, the duration of the said order is one year with a maximum of two renewals. 107. For minor or criminal offences, the examining magistrate may commit the accused into pre-trial custody following a justified ruling, or place him on probation, in which case, the ruling does not require justification and is not subject to appeal (Article 122 to 147 of the Criminal Procedure Code). 108. For all cases and at any stage of the procedure, release on probation or otherwise may be ordered by the judge either upon a request by the accused or his counsel, or upon a request by 29