CAT/C/HND/CO/1 page 2 (c) Protocol to Prevent, Suppress and Punish Trafficking in Persons, Especially Women and Children, supplementing the United Nations Convention against Transnational Organized Crime (1 April 2008); (d) Optional Protocol to the Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment (23 May 2006); (e) Convention on the Protection of the Rights of All Migrant Workers and Members of Their Families (9 August 2005); (f) Rome Statute of the International Criminal Court (1 July 2002); (g) Convention on the Elimination of All Forms of Racial Discrimination (10 October 2002); (h) The two Optional Protocols to the Convention on the Rights of the Child (18 May and 14 August 2002). 4. The Committee welcomes the fact that the death penalty is not in use in the State party. 5. The Committee notes with satisfaction that the State party has extended invitations to several special procedures mechanisms, such as the Working Group on Enforced or Involuntary Disappearances and the Working Group on Arbitrary Detention. 6. The Committee notes with satisfaction the ongoing efforts of the State party to reform its legislation, policies and procedures in order to ensure better protection of human rights, in particular the right not to be subjected to torture and other cruel, inhuman or degrading treatment or punishment, notably: (a) The adoption on 28 September 2008 of the National Preventive Mechanism Act; (b) The adoption of the new Code of Criminal Procedure, which came into force in 2002 and introduced a new system of proceedings based on oral and public hearings. C. Principal subjects of concern and recommendations Definition of torture 7. While noting the criminalization of torture by amendment to the Honduran Criminal Code in 1996, the Committee is concerned that the national legislation is not yet fully harmonized with the Convention, as article 209-A of the Honduran Criminal Code does not contain intimidation, or coercion of the victim or a third person and discrimination of any kind as a purpose or reason for inflicting torture. It further lacks provisions criminalizing torture inflicted at the instigation of or with the consent or acquiescence of a public official or other person acting in an official capacity. The Committee also notes that, in contravention of article 1 of the Convention, the Honduran Criminal Code allows for adjustments in the sanction depending on the pain or

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