b) Adoption of legislative measures 98. Under the friendly settlement agreement the State agreed to take the following legislative measures within one year: a) Review, modify or repeal article 332 of the Penal Code and other similar legislative provisions or regulations “in order to adapt the Code to the standards established in Articles 7, 9 and 24 of the American Convention,” and as recommended by the Committee against Torture, the Human Rights Committee, the Committee on the Rights of the Child, and the Working Group on Arbitrary Detention;98 b) Approve the Law on the National Penitentiary System submitted to Congress on April 27, 2005, creating the penitentiary institute and career; the possibility of separating the Prison Police from the National Police must also be considered; c) Review and modify the section of the Special Regulations for the Operation of the National Penitentiary System relating to prison staff and the Administrative Segregation Center, among other matters, in order to adapt it to the required international standards. In addition, the State undertook to incorporate the police and the administrative personnel of the prison system into the process to purge the National Police and, to this end, would carry out a general prison audit, among other actions,99 and d) Draft and approve, within one year, the Prison Administration Manual, in line with international standards for the humane treatment of persons deprived of liberty contained in the Body of Principles for the Protection of All Persons under Any Form of Detention or Imprisonment and in inter-American case law. This manual must also contain, inter alia, action protocols for the prison authorities with regard to persons deprived of liberty who have been recently admitted, those who are in rehabilitation, and those who are being reintegrated into society, and prompt and effective procedures to investigate possible torture, cruel, inhuman or degrading treatment. Lastly, the agreement emphasized that a multi-sectoral commission will be created to prepare the manual.100 99. In this regard, the Court finds it necessary to make the following observations. i. Regarding article 332 of the Penal Code 100. The Court notes that, based on the State’s acknowledgment of international responsibility, the dispute ceased as regards the facts that: (a) article 332 of the Penal Code did not specify the elements of the offense that would be considered liable to punishment, which led to their arbitrary and discretionary determination by law enforcement authorities; (b) this article opened up a wide margin of discretion that permitted arbitrary and, in some cases, massive arrests of young men based on suspicions or perceptions about their membership in a “mara,” owing to the use of tattoos, the place where they lived, or other 98 The implementation timetable indicates that the bill will be sent to Congress on September 1, 2012. 99 The implementation timetable indicates that the approval and publication of the executive agreement on the regulatory reform will take place in November 2012. 100 The implementation timetable indicates the following time frames: establishing the commission to prepare the proposal: March to June 2012; executive agreement on the installation of the commission, July 2012; drafting of the proposal, October and November, 2012; approval and entry into force of the manual, socialization of the proposal, February to May, 2013. 28