Non-refoulement 416. Niger is party to the Convention against Torture. No resident can be expelled to his country or to a third country where he/she risks being subjected to torture or other cruel, inhuman or degrading treatment or punishments. Fight against Impunity 417. In exercising their duties, judges are only subject to the law and their own personal conviction. They deliver justice on behalf of the Nigerien people. As a result, nobody is above the law. The President of the Republic has since his re-election in 2016, placed his second term under the banner of the fight against impunity. Thus, the operation code-named “boulala” (horsewhip) has been initiated and it has helped to bring several persons involved in financial malfeasance and serious human rights abuses to justice, among others, for questioning, without distinction as to their social rank or status. The power of the HALCIA has also been reinforced since 2016 with the possibility admissible under the law to be seized by itself and investigate with all the powers of a criminal police and transmit any outcomes of its investigations directly to the Attorney General of the Republic. The latter authority has no right to close the case outright since the law mandates it to prosecute. Mechanisms and Procedures for Complaints and Investigations 418. Currently, there is no clear mechanism to bring into play criminal responsibility resulting from torture. Therefore, in this instance, the criminal procedure code shall apply. Any victim of acts deemed as torture or a similar offence may seize an examining magistrate, a relevant tribunal or an investigative unit or directly approach a representative of the Public Prosecutor’s Department. Fundamental Guarantees for Persons who have been denied their Freedom 419. The person detained enjoys all his fundamental rights. Detention is exercised as part of laws and regulations and in accordance with relevant regional and international laws thereof. The Human Rights Directorate and the National Human Right Commission undertake regular visits to places of detention to ensure the enforceability of the enjoyment of the fundamental rights of detainees. Any omission found opens the door for sanctions to be applied. The detainees can also communicate with members of their families. They have a right to healthcare and leisure. They enjoy their freedom of worship and conscience. Guarantees during pre-trial detention 420. Right from the time the person is summoned for questioning, in accordance with regulation No. 5 of UEMOA, the one deprived of his freedom must have recourse to the services of a legal counsel. Furthermore, the person kept in custody must be sent to the public prosecutor with a medical certificate attesting that the person has not been subjected to any form of torture or any other similar treatments. Conditions of Detention 421. The Human Rights Directorate, the magistrates and the National Human Rights Commission undertake visits to places of detention. The examining magistrate and the public prosecutor also verify the conditions of detention of persons denied their freedom. The purpose of these controls is to ensure compliance with the relevant international standards in matters of detention. 85