CAT/C/POL/CO/7

(b)
The amendment, in 2014, of criminal law provisions to introduce ex officio
prosecution of the sexual crimes specified in articles 197–199 of the Penal Code, and to
repeal article 205, thereby abolishing the mode of prosecution applied in cases of rape
committed prior to 27 January 2014.
5.
The Committee further welcomes the initiatives of the State party to amend its
policies, programmes and administrative measures to give effect to the Convention,
including:
(a)
The adoption by the Council of Ministers of the National Programme for
Counteracting Domestic Violence for 2014–2020, in 2014, and its adoption of the National
Action Plan for Equal Treatment;
(b)
The issuance by the Prosecutor General of guidelines on the conduct by
prosecutors of criminal proceedings related to deprivation of life and inhuman or degrading
treatment or punishment perpetrated by police officers or other public officials, in 2014;
(c)
The adoption by Parliament of the programme for the modernization of the
Prison Service from 2017 to 2020, in 2016;
(d)
The issuance by the Chief of Police of regulation No. 14 on activities to
counter trafficking in persons, in 2016;
(e)
The introduction of an electronic surveillance system as a form of custodial
sentence for people sentenced to less than a year of imprisonment, and the release of 2,735
such persons, in 2016;
(f)
The entry into force of a document regulating the use of electroshock
weapons by the police, in August 2018.

C.

Principal subjects of concern and recommendations
Pending follow-up issues from the previous reporting cycle
6.
In its previous concluding observations (CAT/C/POL/CO/5-6, para. 29), the
Committee requested the State party to provide further information regarding areas of
particular concern, including on the strengthening of legal safeguards for persons deprived
of their liberty (para. 8), on protection for asylum seekers (para. 13) and on the conduct of
prompt, impartial and effective investigations into all reports of torture or ill-treatment
(para. 18); and follow-up information on remedies and redress provided to victims of
torture and ill-treatment (para. 21). The Committee expresses its appreciation for the State
party’s follow-up response provided on 19 November 2014 (CAT/C/POL/CO/5-6/Add.1).
It notes with regret, however, the absence of a reply to its request for additional information
contained in the letter sent by the Rapporteur for follow-up to concluding observations on
29 August 2016. In view of the information provided and the concerns described below
(paras. 12, 15, 16, 18, 25, 26, 31, 32, 34, 36 and 38), the Committee considers that the
recommendations in paragraphs 8, 13, 18 and 21 of its previous concluding observations
have been partly implemented.
Definition of torture as a separate crime in the Penal Code
7.

The Committee is concerned:

(a)
That its previous recommendations regarding the absence in the State party’s
Penal Code of a specific offence of torture, in accordance with article 4 (2) of the
Convention (A/55/44, paras. 92–95, CAT/C/POL/CO/4, para. 6, and CAT/C/POL/CO/5-6,
para. 7), have not been implemented to date;
(b)
At the continued absence of a definition of torture that includes all the
elements contained in article 1 of the Convention and provides for punishment
commensurate to the gravity of this crime;
(c)
That various provisions of the Penal Code that continue to be “applied in
cases of torture” and that cover a broader range of offences such as violation of bodily

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