- passage of the law on the prevention and elimination of torture and similar practices in Burkina Faso, on 27 May, 2014. This law also provides for the introduction of a national torture prevention mechanism. Other measures have been taken. These include, in particular, training activities for the defence and security forces as well as health officers, as described under the recommendation on the passage of a specific law to eliminate torture. D. Right to the Safety of the Person and Banning of Arbitrary Arrest and Detention 116. In Burkina Faso, the Constitution and certain institutions (the Judiciary) guarantee the freedom and safety of any individual. This is particularly attested to by the provisions of Article 3 of the Constitution by virtue of which “No one may be deprived of his freedom if he is not being tried for acts provided for and punishable by law. A person may only be arrested, held, deported or exiled in accordance with the law.” Article 125 of the Constitution designates the Judiciary as the custodian and guarantor of individual and collective freedoms. 117. Burkina Faso’s criminal law provides for conditions under which an individual can be deprived of his freedom. In particular, these are in cases where criminal suits which may lead to the arrest of an individual suspected to have committed an offence or implicated in the commission of the said offence. Thus, he cannot be held in custody for more than seventytwo (72) hours (Article 62 of the criminal procedure code). It may be extended by 48 hours upon the authorization of the State Prosecutor of Burkina Faso or the examining magistrate who has jurisdiction in the matter. For serious offences, (terrorism, association with criminal intent, offences against national security, etc.), special laws prescribe longer custodial periods and provide for the necessary guarantees to ensure the respect of human dignity. For a few years now, the Ministry of Human Rights, the Bar and a few Associations have been organizing brainstorming seminars or workshops in order to improve upon the situation or condition of the individual being held in custody. Finally, the government has constructed custodial facilities in some towns to meet international standards. 118. An order for committal into prison custody, another measure to deprive persons of their freedoms, can be made against an accused person. However, the implementation of this measure also comes with rules protecting the individual against whom it is invoked. Thus, according to the legal requirements, it can only be resorted to in exceptional cases (Article 136 of the criminal procedure code). The duration of custody depends on the circumstances surrounding the matter (geographical situation of the individual and the length of the prison sentence imposed). It is between five days and six months at most (Articles 137 and 138 of the Criminal Procedure Code). Where necessary, the six-month limit may be extended. However in such an eventuality, legal precautions are taken to avoid arbitrary or wrongful detention. The extension (order by the examining magistrate) must be justified by special reasons. The same goes for the summing-up for the prosecution (Article 138 of the Criminal Procedure Code). 119. The individual in custody is entitled to apply for bail at any stage of the procedure. Under Articles 140 and 141 of the criminal procedure code, “the accused person or his counsel may submit an application for bail to the examining magistrate at any time…Any accused person or defendant may also apply for bail at any stage of the proceedings” It is observed that, in practice, most persons in custody avail themselves of this right. 32