CAT/C/TUN/CO/3 (d) Organic Act No. 2013-43 of October 2013 establishing the National Authority for the Prevention of Torture; (e) Act No. 2009-68 of 2009 on punitive damages and on the modernization of alternatives to prison sentences. 6. The Committee also welcomes other steps taken by the State party to give effect to the Convention, including: (a) The opening in 2014 of the first rehabilitation centre for victims of torture; (b) The attention paid to the prison system through the adoption in 2015 of an action plan for the reform of judicial and prison facilities and the adoption in 2016 of an action plan against overcrowding; (c) The signing in 2011 of an agreement with the Office of the United Nations High Commissioner for Human Rights to open an office in Tunisia and the adoption in December 2012 of a memorandum of understanding with several national human rights organizations on prison visits, and the adoption in December 2014 of a protocol on medical care for prisoners on hunger strike, with the assistance of the International Committee of the Red Cross; (d) violence; The adoption in 2008 and 2012 of a national strategy on the prevention of (e) The establishment in 2014 of an extended multisectoral committee within the Ministry of Justice to amend the provisions of the Criminal Code and to bring it into line with the Convention. C. Principal subjects of concern and recommendations Definition of torture 7. While welcoming the recognition in 1999 of torture as a crime in the Criminal Code, the Committee is concerned that the definition of torture contained in article 101 bis of the Code, as amended in 2011, is still not in conformity with the definition set out in article 1 of the Convention, as it does not refer to “punishment” as one of the prohibited purposes of torture and limits “discrimination” to “racial discrimination”. The Committee is also concerned that article 101 quater provides for the exemption from punishment of public servants or their equivalents who denounce acts of torture “in good faith”, which opens the door to impunity (arts. 1 and 4). 8. The Committee requests the State party to expedite the ongoing legislative reform process and to take the necessary steps to amend article 101 bis of its Criminal Code so as to bring it strictly into line with the definition of torture contained in article 1 of the Convention. To ensure that any act committed by a public official or similar person constituting participation in an act of torture does not go unpunished, the State party should also amend article 101 quater of its Criminal Code so as to remove the exemptions aimed at encouraging reporting of the crime of torture. Fundamental legal safeguards 9. While the Committee welcomes the adoption of Act No. 2016-5 (due to enter into force on 1 June 2016), which provides for the reduction of the legal duration of police custody to 48 hours in criminal cases, renewable once by reasoned decision of the public prosecutor, and which provides for detainees to have access to a lawyer from the very beginning of their stay in custody as well as during questioning, the Committee remains concerned about the new law’s lack of clarity as regards the moment that marks the 2 GE.16-09569

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