CAT/C/AUT/CO/4-5 5. The Committee notes the State party’s ongoing efforts to revise its legislation in order to give effect to the Committee’s recommendations and to enhance the implementation of the Conventions, including: (a) The entry into force, on 1 January 2008, of the Criminal Procedure Reform Act and the amendments to the Code of Criminal Procedure. In particular, the Committee welcomes the provisions regarding: (i) The prohibition of evidence obtained by means of torture or cruel, inhuman, or degrading treatment, or other unlawful interrogation methods; (ii) The obligation of courts to report cases in which evidence was allegedly extracted by such unlawful means immediately and ex officio to the public prosecutor; (iii) The express reference to the right of the defendant to remain silent; (iv) The right to contact a lawyer prior to the interrogation; (v) The right of the defendant to be assisted by an interpreter; (vi) The right of the defendant to inspect the police files concerning the case; (b) The entry into force in June 2009 of the Second Violence Protection Act, which amends the Crimes Victims Act expanding the range of services and support available to crime victims, including victims of gender-based violence. 6. The Committee also welcomes the efforts being made by the State party to amend its policies and procedures in order to ensure greater protection of human rights and give effect to the Convention, including: (a) The adoption of a firm and principled position against the use of diplomatic assurances to facilitate the transfer of persons to a country where they may be at risk of torture or other inhuman or degrading punishment; (b) The adoption of a two national action plans against human trafficking for the periods 2007-2009 and 2009-2011; (c) The establishment of the Coordination Committee to Protect Children from Sexual Exploitation to continuously coordinate and evaluate the implementation of the State party’s international commitments to combat sexual abuse of children; (d) The publication in March 2010 of the Report on the visit to Austria carried out in February 2009 by the European Committee for the Prevention of Torture and Inhuman or Degrading Treatment or Punishment (CPT) and the State party’s response to it. 7. The Committee appreciates the fact that the State party has issued a standing invitation to the special procedures mechanisms of the Human Rights Council. C. Principal subjects of concern and recommendations Definition and offence of torture 8. While noting that the State party is preparing an amendment to the Criminal Code for the inclusion of a definition of torture, the Committee remains concerned that the State party has still not incorporated into domestic law the crime of torture as defined in article 1 of the Convention (arts. 1 and 4). The Committee reiterates its previous recommendation (A/54/44, para. 50 (a) and CAT/C/AUT/CO/3, para. 6) that the State party should proceed to incorporate 2

Select target paragraph3