CAT/C/CR/30/1 page 2 (b) The declaration under article 22 of the Convention enabling individuals to submit complaints to the Committee; (c) The ratification of several significant human rights treaties, in particular the European Convention for the Prevention of Torture and Inhuman or Degrading Treatment or Punishment; (d) The extensive legal and legislative reforms by the State party, including the adoption of a new Criminal Code and a new Code of Criminal Procedure; (e) The introduction of the offence of torture in the new Criminal Code, and the State party’s report of some convictions for this crime; (f) The transfer of remand centres of the Ministry of Internal Affairs to the authority of the Ministry of Justice; (g) The creation of the post of Ombudsman; (h) The assurances by the State party that it is taking action to reduce the occurrence of tuberculosis in places of detention; (i) The agreement concluded with the International Committee of the Red Cross, enabling ICRC representatives to have unrestricted access to convicted persons in places of detention, as well as the State party’s assurance that access for non-governmental organizations to visit and examine conditions in penitentiary establishments is unlimited. C. Subjects of concern 5. The Committee is concerned about: (a) Numerous ongoing allegations of torture and ill-treatment in police facilities and temporary detention facilities, as well as in remand centres and in prisons; (b) The fact that the definition of torture in the new Criminal Code does not fully comply with article 1 of the Convention, because, inter alia, article 133 omits references to the purposes of torture outlined in the Convention, restricts acts of torture to systematic blows or other violent acts, and does not provide for criminal liability of officials who have given tacit consent to torture; (c) The lack of information on the implementation of article 3 of the Convention regarding the handover of a person to a country where he/she faces a real risk of torture, and on the rights and guarantees granted to the persons concerned. 6. The Committee is also concerned about the substantial gap between the legislative framework and its practical implementation, and about: (a) The apparent lack of independence of the judiciary despite the new legislation;

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