59. It should also be recalled that in order to prevent cases of ill-treatment, the law provides that CID Officers are obliged to accompany the person they are sending to the Department of Public Prosecutions, produce a medical certificate to prove that he did not suffer physical abuse while in custody and ensure the presence of a lawyer as soon as the arrest is effected instead of allowing twenty four hours to elapse. Failure to produce this certificate may constitute grounds to render any procedure null and void. 60. Several cases of acts of torture committed by security officers (Police Service, Niger Armed Forces, National Guard, Presidential Guard, Gendarmerie…) were subjected to prosecution and led to the arrest of perpetrators, co-perpetrators and accomplices. Mention can be made of the case of policemen who violently handled a student during a demonstration on 10 April 2017, the case of soldiers from the Armed Forces who beat an officer cadet to death in 2019 and the case of National Guard members protecting a presidential convoy who brutally beat up a student in February 2019. 61. In order to ensure compliance with the provisions of the protocol to the Convention against Torture and to effectively prevent torture, Niger initiated the amendment of Law No. 2012-44 on the NHRC in 2019 to bestow on it the powers of the National Torture Prevention Mechanism. 62. Finally, it should be noted that the United Nations Sub-Committee on Torture visited Niger from 29 January to 4 February 2017; it went to the detention facilities and also met with the administrative and legal authorities as well as the NHRC. Niger accepted to implement the recommendations of this visit which mainly included the establishment of an independent national mechanism for the prevention of torture and the improvement in detention conditions in the prison establishments. Prohibition of Arrests or Arbitrary Detention: Article 6 63. Constitutional Provisions: D. • • • • • • Article 11 of the Constitution of 25 November 2010 establishes the sacredness of the human person, thus making it mandatory for the State to respect and protect it; Article 12 establishes the right to physical and moral integrity; Paragraph 3 of the same rticle establishes the right to freedom and security under the conditions defined by the law; Article 14 Paragraph 2 provides for punishment for any individual or agent of the State who is found guilty of acts of torture, physical abuse or cruel, inhuman or degrading treatment in the course of or in connection with the discharge of his duties, either on his own initiative or upon instruction; Article 15 provides that no one will be obliged to carry out a clearly illegal order; Article 18 provides that no one may be arrested or charged except under a law which came into force before the acts they have been accused of were committed, and Article 20 paragraph 2 provides that no one may be sentenced for acts or omissions which, at the time they were committed, were not offences under the country’s law. 64. • • Legislative Provisions: Article 108 of the Criminal Code prescribes a term of imprisonment for any civil servant, agent or officer of the Public Service who orders or commits any arbitrary or prejudicial act either against the freedom of an individual or the civic rights of one or several citizens; Article 112 of the Criminal Code provides for criminal sanctions against public prosecutors, the Attorney-General, assistant prosecutors, judges and CID officers who hold an individual or cause 25