CAT/C/CHE/CO/6
(e)
Protocol to Prevent, Suppress and Punish Trafficking in Persons, Especially
Women and Children, supplementing the United Nations Convention against Transnational
Organized Crime (27 October 2006);
(f)
Protocol against the Smuggling of Migrants by Land, Sea and Air,
supplementing the United Nations Convention against Transnational Organized Crime (27
October 2006);
(g)
Rome Statute of the International Criminal Court (12 October 2001);
(h)
United Nations Convention against Transnational Organized Crime (27
October 2007).
4.
The Committee notes with satisfaction the efforts being made by the State party to
amend its legislation, policies and procedures in order to ensure greater protection of
human rights, particularly the right not to be subjected to torture or other cruel, inhuman or
degrading treatment or punishment, as follows:
(a)
The adoption of the Swiss Code of Criminal Procedure on 5 October 2007
(scheduled to enter into force on 1 January 2011), which strengthens the rights of defence
and increases the rights of victims, as well as witness protection measures;
(b)
The complete revision of the Federal Act on Assistance to Crime Victims of
4 October 1991, which entered into force on 1 January 2009;
(c)
The entry into force on 1 January 2007 of the Federal Act on the Criminal
Status of Minors of 20 June 2003;
(d)
The extension under the new Criminal Code (art. 97), which entered into
force on 1 January 2007, of the statute of limitations for serious offences against the sexual
integrity of children to the time when the victim reaches 25 years of age;
(e)
The standardized Code of Civil Procedure (due to enter into force on 1
January 2011);
(f)
The establishment of a National Commission for the Prevention of Torture,
which began working on 1 January 2010, following ratification of the Optional Protocol to
the Convention against Torture and other Cruel, Inhuman or Degrading Treatment or
Punishment.
C.
1.
Principal subjects of concern and recommendations
Definition of torture
5.
While noting that many acts that amount to torture are criminalized under Swiss
criminal law (arts. 111–117, 122–128, 180–185 and 189–193), the Committee is concerned
that, despite a previous recommendation (CAT/C/CR/34/CHE, paras. 4 (b) and 5 (a)),
Swiss legislation still lacks a definition of torture that covers all the constituent elements set
out under article 1 of the Convention (art. 1).
The Committee reiterates its recommendation that the State party include a definition
of torture in its Criminal Code incorporating all elements contained in article 1 of the
Convention.
Fundamental safeguards
6.
While taking into account the State party’s federal structure, the Committee is
concerned by the fact that the cantons can differ in how they implement the State party’s
obligations under the Convention (art. 2).
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