CAT/C/DRC/CO/1 page 2 B. Positive aspects 3. The Committee notes with satisfaction the following positive developments: (a) The ratification by the State party of most of the core international human rights treaties; (b) The ratification by the State party, on 30 March 2002, of the Rome Statute of the International Criminal Court; (c) The State party’s stated intention to rectify the delay in submission of its reports to the various treaty bodies, and with that end in view to transmit its reports to the United Nations Secretary-General through the new Inter-Ministerial Standing Committee set up on 13 December 2001; (d) The existence of a bill amending and expanding the Criminal Code to ensure that the Convention is fully incorporated in the domestic legislation of the Democratic Republic of the Congo; (e) The establishment of institutions for the promotion and protection of human rights, such as the Observatoire congolais des droits de l’homme and the Ministry of Human Rights, and the emerging cooperation between the public authorities and civil society in the promotion and protection of human rights, especially in countering torture. C. Factors and difficulties impeding the implementation of the Convention 4. The Committee notes that the State party is still going through a period of political, economic and social transition exacerbated by an armed conflict that has had and continues to have an impact on the country. The Committee points out, however, that, as stated in article 2, paragraph 2, of the Convention, no exceptional circumstances whatsoever may be invoked as a justification of torture. D. Subjects of concern and recommendations 5. The Committee notes with concern that the State party has neither incorporated the Convention in its domestic legislation nor adopted legal provisions to ensure its implementation, and notes in particular: (a) That there is as yet no definition of torture in domestic law that strictly corresponds to the definition contained in article 1 of the Convention; (b) That the law of the Democratic Republic of the Congo does not confer universal jurisdiction for acts of torture; (c) That there are no provisions giving effect to other articles of the Convention, particularly articles 6 to 9.

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