CAT/C/GRC/CO/5-6 (b) The Optional Protocol to the Convention on the Rights of the Child on the sale of children, child prostitution and child pornography, in February 2008. 5. The Committee welcomes the State party’s adoption, in 2010, of a “National Action Plan for Migration Management” to improve the asylum procedure and conditions for the treatment of third-country nationals irregularly entering the country, including asylumseekers; the adoption, in November 2010, of a Presidential Decree (P.D. 114/2010) amending the previous legislation on the asylum procedure, and setting, for a transitional period, appropriate standards and safeguards for the fair and efficient examination of asylum-seekers; as well as the issuance, in January 2011, of a comprehensive law (L.3907/2011) providing for the establishment of a new Asylum Service independent from the police, to gradually take over full responsibility of asylum issues, and the establishment of an initial Reception Service to set up Centres of Initial Reception at border locations. 6. The Committee notes with satisfaction that a number of other legislative initiatives have been taken by the State party with a view to complying with the Committee’s recommendations and improving implementation of the Convention, including in the areas of pretrial detention, fair trial, conditions of detention, trafficking, domestic violence, etc. 7. The Committee appreciates the efforts made by the State party to modify its policies and procedures so as to enhance human rights protection and implement the Convention, including: (a) The establishment, as of June 2011, of a Record of Injuries to Detainees in every prison as well as a Record of Body Searches in every women’s prison; (b) The creation of a special hotline, allowing prisoners to contact and be heard by the central administration of prisons. 8. The Committee also notes with satisfaction that the State party has extended a standing invitation to visit the country to all Human Rights Council special procedure mandate holders. Since the consideration of its last periodic report, the State party has hosted visits from three of the Council’s rapporteurs, including the Special Rapporteur on torture and other cruel, inhuman or degrading treatment or punishment. C. Principal subjects of concern and recommendations Definition of torture 9. The Committee notes that the State party’s criminal law punishes acts of torture (arts. 137A and 137B) but is concerned that the current definition does not comply with the one provided in article 1 of the Convention as it does not contain all the required elements (art. 1). The State party should incorporate in its criminal law a definition of torture that is in strict conformity with and covers all the elements contained in article 1 of the Convention. Such a definition would meet the need for clarity and predictability in criminal law, as well as the need under the Convention to draw a distinction between acts of torture committed by or at the instigation of or with the consent or acquiescence of a public official and any other person acting in an official capacity, and acts of violence committed by non-State actors. Allegations of torture and ill-treatment, impunity 10. The Committee expresses its serious concern at persistent allegations of torture and ill-treatment by law enforcement officials during arrest or detention, including in the premises of the Criminal Investigation Departments (CID). The Committee is also concerned at the limited number of such cases that have been prosecuted, the very limited number of final convictions, and the lack of sanctions due to mitigating circumstances etc, 2

Select target paragraph3