CAT/C/UKR/CO/6 (f) Additional Protocol III to the Geneva Conventions, in 2010; (g) Council of Europe Convention on Action against Trafficking in Human Beings, in 2010. 5. The Committee welcomes the efforts of the State party to revise its legislation in areas of relevance to the Convention, including the adoption of: (a) The Free Legal Assistance Act, on 2 June 2011; (b) The new Code of Criminal Procedure with increased safeguards against arbitrary detention, torture, ill-treatment and unfair trial, on 13 April 2012; (c) Act No. 1707-VI amending the Criminal Code, which provides for harsher penalties under article 161 (violation of the equality of citizens on grounds of race, national origin or religious belief), on 5 November 2009; (d) The Law on Countering Human Trafficking No. 3739-VI, on 20 September 2011; (e) The new Code of Criminal Procedure, in April 2012, which entered into force on 19 November 2012; (f) Entry into force of the Act on State Guarantees of the Enforcement of Judicial Decisions, on 1 January 2013; (g) The Law on Ensuring the Rights and Freedoms of Internally Displaced Persons, on 20 October 2014. 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) Approval by Presidential Decree No. 311 of the policy framework for criminal justice reform in Ukraine, on 8 April 2008; (b) Decision by presidential decree on a national strategy in the field of human rights, on 15 October 2014. C. Principal subjects of concern and recommendations Definition of torture 7. Recalling its previous concluding observations (CAT/C/UKR/CO/5, para. 8), the Committee is concerned that not all the elements of the crime of torture, as defined in article 1 of the Convention, have been incorporated into the Criminal Code, notably the prosecution under article 127 of the Criminal Code of acts of torture inflicted by, or at the instigation of, or with the consent or acquiescence of, a public official or other person acting in an official capacity and the element of discrimination, which may create loopholes for impunity, as outlined in the Committee’s general comment No. 2 (2007) on the implementation of article 2 by States parties (art. 1). The State party should amend its legislation to include a definition of torture in the Criminal Code that is in conformity with the Convention and covers all the elements contained in article 1, including the inflicting of torture by, or at the instigation of, or with the consent or acquiescence of, a public official or other person acting in an official capacity, who can be prosecuted under article 127 of the Criminal Code, as well as the element of discrimination. 2

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