CAT/C/EST/CO/5 (d) An amendment to Section 133 of the Penal Code that entered into force in March 2007 which improves the definition of the elements of enslavement. 6. The Committee also welcomes the efforts of the State party to amend its policies, programmes and administrative measures to give effect to the Convention, including: (a) The adoption in 2010 of the final implementation report on the Government Development Plan for Combatting Trafficking in Human Beings 2006–2009; (b) The adoption in April 2010 of the Development Plan for the Reduction and the Prevention of Violence 2010–2014 and of the National Action Plan on Domestic Violence for the period 2008–2011; (c) The adoption in 2010 of a new police regulation on how to treat victims of domestic violence and how to investigate and record cases of domestic violence; (d) The adoption in 2010 by Parliament of the Guidelines for Development of Criminal Policy until 2018; (e) The launching in 2009 of the programme funded by the European Fund for the Integration of Third-Country Nationals to offer language courses for all persons “with undetermined citizenship” or citizens of third countries; (f) The operation since 2008 by the Estonian Women’s Shelters Union of the nationwide free helpline for women experiencing violence; (g) The adoption on 14 December 2007 of an Integration Strategy and of the State Integration Programme for 2008–2013; (h) The operation since 2004 of a helpline for the prevention of human trafficking and for counselling, financed since 2006 by the Ministry of Social Affairs and run by Living for Tomorrow, a non-governmental organization. C. Principal subjects of concern and recommendations Definition of torture 7. While taking note of the delegation’s assertion that Estonia intends to amend its Penal Code to bring it in line with the Convention, and recalling its previous concluding observations (para. 8), the Committee is concerned that the definition of torture in section 122 of the Penal Code does not reflect all of the elements contained in article 1 of the Convention, such as infliction of mental pain (arts. 1 and 4). The Committee recommends that the State party amend its Penal Code to include a definition of torture in conformity with the Convention which covers all the elements contained in article 1 of the Convention. Penalties for acts of torture 8. Recalling its previous concluding observations (para. 13), the Committee is concerned that the penalty in the Penal Code for acts of torture of up to five years of imprisonment is not commensurate with the grave nature of the crime. It is also concerned by the discrepancy between the penalties for torture and those for trafficking in human beings, which is also a form of torture, of up to 15 years’ imprisonment, and that sentences served for acts of torture are usually of approximately one-and-a-half years according to the representatives of the State party (arts. 2 and 4). The Committee recommends that the State party amend its Penal Code to include penalties for acts of torture which take into account their grave nature, in accordance with article 4, paragraph 2, of the Convention and taking into consideration the Committee’s General Comment No. 2. 2

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