CAT/C/POL/CO/5-6
(b)
Amendments to the Penal Code, the Code of Criminal Procedure, the
Executive Penal Code and the Domestic Violence Act in August 2010 extending protection
to victims of domestic violence, in particular women and children;
(c)
Amendment to the Executive Penal Code in June 2010 enabling convicted
persons sentenced to deprivation of liberty to apply for parole once they have served at least
half their sentence;
(d)
Amendments to the Penal Code in May 2010 introducing a definition of
trafficking in human beings;
(e)
Amendment to the Prosecution Authority Act in March 2010 separating the
offices of the Minister of Justice and the Public Prosecutor General, providing the
prosecution authority with greater independence from political influence; and
(f)
Introduction of the Prison Service Act in 2010 incorporating the obligation to
respect the rights of persons deprived of their liberty.
6.
The Committee also welcomes the efforts of the State party to amend its policies,
programmes and administrative measures to give effect to the Convention, including:
(a)
The adoption in 2013 of the National Action Plan against Trafficking in
Human Beings for 2013–2015;
(b)
The establishment in 2013 of the Council for the Prevention of Racial
Discrimination, Xenophobia and Related Intolerance at the Council of Ministers;
(c)
The adoption in 2008 of the Plan of Action of the Police for the period 2008–
2009, which provides specialist training for police officers on combating trafficking in
human beings;
(d)
The establishment in 2008 of the Office of the Government Plenipotentiary
for Equal Treatment; and
(e)
The adoption of the National Programme for the Prevention of Domestic
Violence 2006–2016.
C.
Principal subjects of concern and recommendations
Definition of torture
7.
The Committee regrets that, despite its previous recommendations in this regard
(A/55/44, paras. 85–95 and CAT/C/POL/CO/4, para. 6), the State party still maintains its
position on not incorporating the provisions of the Convention — the definition of torture
including all the elements of article 1 and the provision of a specific offence of torture in
accordance with article 4, paragraph 2, of the Convention — into domestic law.
The Committee is seriously concerned that the other provisions of the Penal Code that are
“applied in cases of torture” do not reflect the gravity of the crime of torture and therefore
do not provide for commensurate punishment for the perpetrators (arts. 1 and 4).
The Committee recommends that the State party take effective legislative measures to
include torture as a separate and specific crime in its legislation and to adopt a
definition of torture that covers all the elements contained in article 1 of the
Convention. The State party should ensure that penalties for torture are
commensurate with the gravity of the crime in accordance with article 4, paragraph 2,
of the Convention. In this regard, the Committee draws attention to its general
comment no. 2 (2007) on the implementation of article 2 by States parties, which states
that serious discrepancies between the Convention’s definition and that incorporated
into domestic law create actual or potential loopholes for impunity (para. 9).
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