CAT/C/CUB/CO/2 (c) 2007); and The Convention on the Rights of Persons with Disabilities (6 September (d) The International Convention for the Protection of All Persons from Enforced Disappearance (2 February 2009). 5. The Committee also welcomes the State party’s efforts to amend its policies and procedures to ensure greater protection for human rights and apply the provisions of the Convention, in particular: (a) Approval of a master plan for investment in the prison system, due to be implemented progressively until 2017; (b) Continuation of the State party’s scholarship programme for refugees which enables them to pursue secondary, university or higher secondary education and is currently benefiting 366 refugees, most of them Saharawis; (c) The continuing work of the National Group for the Prevention and Treatment of Domestic Violence. 6. The Committee notes the State party’s positive response to the request for a visit of the Special Rapporteur on the question of torture, which was subsequently confirmed in the voluntary commitments assumed by Cuba during the universal periodic review performed by the Human Rights Council in February 2009 (A/HRC/11/22, para. 130 (37)). The State party noted the Special Rapporteur’s interest in making this visit but the dates have not yet been confirmed (A/HRC/19/61, para. 6). C. Principal subjects of concern and recommendations Definition and crime of torture 7. While noting the information provided by the State party regarding work towards a possible reform of the Criminal Code, the Committee regrets that torture, as defined in article 1 of the Convention, is still not codified as a specific offence. As regards the State party’s assertion that other similar criminal offences are expressly defined in its domestic legislation, the Committee draws the State party’s attention to its general comment No. 2 (2007), on the implementation of article 2 by States parties, which emphasizes the preventive value of codifying torture as a distinct offence (CAT/C/GC/2, para. 11) (arts. 1 and 4). The Committee reiterates the recommendation made in 1997 (A/53/44, para. 118 (a)) that the State party should expressly criminalize torture in its domestic legislation and should adopt a definition of torture covering all the aspects contained in article 1 of the Convention. The State party must also ensure that such offences are punishable by appropriate penalties which take into account their grave nature, in accordance with article 4, paragraph 2, of the Convention. Fundamental due process safeguards 8. While noting the information provided by the State party concerning the content of the Criminal Procedure Act and related implementing regulations, the Committee highlights the lack of information on procedures in place to ensure the practical application of fundamental legal safeguards. The Committee is concerned about consistent reports that the State party does not extend all legal safeguards, including prompt access to a lawyer and an independent medical examination and notification of arrest to a family member, to all prisoners, including in particular those who are deprived of their liberty on alleged political grounds, from the outset of detention. The Committee regrets that no statistical data have 2 GE.12-43596

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