CAT/C/CHE/CO/7 (a) The adoption in 2012 of a national action plan against trafficking in human beings (2012-2014) and the organization in 2013 of the first national campaign to raise awareness of trafficking; (b) The adoption in 2013 of a national programme to combat forced marriage (2013-2018); (c) The adoption in 2013 of an agreement between the Court of Justice, the Criminal Court and the Public Prosecutor’s Office, regulating non-custodial alternatives. C. Principal subjects of concern and recommendations Definition and criminalization of torture 7. The Committee remains concerned that the State party does not consider it necessary to define torture as a specific crime under ordinary law, despite the Committee’s repeated recommendation in its previous concluding observations (see CAT/C/CR/34/CHE, paras. 4 (a) and 5 (a), and CAT/C/CHE/CO/6, para. 5). Although behaviours that could be characterized as acts of torture are punishable under various articles of the Criminal Code, in the Committee’s view, the fact that there is no definition of torture as a specific criminal offence, covering all the elements of the definition in article 1 of the Convention, creates a legal vacuum that may open up the possibility of impunity (arts. 1 and 4). The Committee reiterates the recommendation previously made to the State party that it make torture a criminal offence, in terms that fully reflect article 1 of the Convention, and ensure that penalties for torture are commensurate with the gravity of the crime. The Committee would like to draw the State party’s attention to its general comment No. 2 (2007), on the application of article 2 by States parties, paragraph 11 of which underscores the preventive effect of having the crime of torture defined as an offence in its own right. Fundamental legal safeguards 8. While applauding the introduction of a provision on the immediate assistance of a lawyer (see para. 5 (b) above), the Committee notes that this right applies only from the outset of custodial arrest (arrestation provisoire) for the investigaton of crimes or offences. The Committee remains concerned at the lack of an entitlement to the assistance of a lawyer as part of the process of arrest (appréhension). In practice, there have been reported cases in which persons deprived of their liberty were un able to inform a relative of their situation, were not examined by a doctor or were not informed of their rights from the outset of the deprivation of liberty (art. 2). The Committee recommends that the State party take effective steps to ensure that all persons who are deprived of their liberty have the benefit, in practice and from the very outset of the deprivation of liberty, of all the fundamental legal safeguards, namely the right of access to a lawyer, the right to contact family members or other persons of their choice and the right to an independent medical examination by a doctor of their choice. National human rights institution and national preventive mechanism 9. The Committee notes with satisfaction the information provided by the delegation confirming that the State party will make a final decision on the establishment of a permanent human rights institution at the end of 2015. In this respect, the Committee recalls the importance of establishing a national institution 2/9 GE.15-15100

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