CAT/C/COG/CO/1 5. The Committee welcomes the legislative steps taken by the State party to give effect to the Convention, including: (a) The adoption in 2003 of Act No. 5-2003 on the responsibilities, organization and functioning of the National Human Rights Commission; (b) The adoption in 2007 of Act No. 16-2007 on the establishment of the AntiCorruption Observatory; (c) The adoption in 2010 of Act No. 4-2010 on child protection in the Congo; (d) The adoption in 2011 of Act No. 5-2011 on the promotion and protection of the rights of indigenous peoples. 6. The Committee notes with appreciation that the State party has extended an invitation to special procedures mandate holders of the Human Rights Council and it welcomes the visits by the Special Rapporteur on the rights of indigenous peoples in 2010 and by the Working Group on Enforced or Involuntary Disappearances in 2011. 7. The Committee notes with satisfaction that the death penalty has not been imposed in the State party since 1982 and that its de jure abolition is reportedly being considered under the current reform of criminal law. The Committee invites the State party to consider abolishing the death penalty in its domestic law and to ratify the Second Optional Protocol to the International Covenant on Civil and Political Rights, with a view to the abolition of the death penalty. C. Principal subjects of concern and recommendations Definition and criminalization of torture 8. Although article 9, paragraph 4, of the Constitution prohibits torture, the Committee notes with regret that there are no legislative or regulatory provisions that incorporate a definition of torture and other cruel, inhuman or degrading treatment. The Committee welcomes the information provided by the delegation indicating that seven codes, including the Criminal Code and the Code of Criminal Procedure, are currently being reformed and that this should lead to the creation of a specific offence of torture that takes into account the definition of torture provided for by the Convention. It further notes that the reform process is due to be completed in December 2015, with support from experts recruited as part of the Project of Activities to Strengthen the Rule of Law and Associations. While noting that a law on the prevention and punishment of torture is currently being drafted, the Committee regrets the lack of information on the time frames involved and the content of this bill (arts. 1 and 4). The Committee recommends that the State party take the necessary measures to incorporate into the Criminal Code a specific definition of torture covering all the elements of the definition contained in article 1 of the Convention. It should also include therein provisions that criminalize and penalize acts of torture and other cruel, inhuman or degrading treatment or punishment and that establish penalties which are commensurate with the gravity of such acts. It further recommends that the State party take steps to include in the Criminal Code a provision on the non-applicability of statutory limitations to the crime of torture. The Committee encourages the State party to fully involve civil society organizations in the ongoing legislative reform process. The Committee invites the State party to expedite the ongoing legislative reform process and to take the necessary steps to promulgate and adopt, as soon as possible, 2 GE.15-10644

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