ODIHR Opinion on Definition of Torture and its Absolute Prohibition in Polish Legislation Independent Police Complaints Commission, in charge of handling complaints on the police; and the Criminal Procedure Code of Luxembourg provides that when action of torture is established, authorities must either extradite or prosecute an alleged perpetrator. 27 41. To combat torture, a number of States have included a specific clause in the related article or section on torture in their criminal legislation expressly precluding the application of general criminal law provisions relating to amnesties and pardons, as well as statutes of limitations.28 The Penal Code of Poland partly meets this requirement in Article 105 by providing that the statute of limitation does not apply to crimes against peace, crimes against humanity or war crimes (which are Articles 118a and 123); however by virtue of absence of the definition of torture in the legislation, this does not apply to acts of torture committed in other contexts. 42. Poland should take effective legislative, administrative and judicial measures to prevent acts of torture and other ill-treatment. When determining the punishment for acts of torture or other ill-treatment, the penalties provided for in the legislation should reflect the grave nature of the crime committed, but should not be less than six years of imprisonment, as recommended by the CAT. Furthermore, acts of torture should be explicitly excluded from any statute of limitations act. 4.2 Right to Legal Redress 43. Article 14 of the UNCAT provides for an obligation of each State to legislatively ensure that the victim of an act of torture has a right to legal redress. The CAT in Comment No. 3 considers that “Article 14 is applicable to all victims of torture and acts of cruel, inhuman or degrading treatment or punishment…without discrimination of any kind, in line with the Committee’s general comment No. 2.” This would also require enacting the legislation “specifically providing a victim of torture and ill-treatment with an effective remedy and the right to obtain adequate and appropriate redress, including compensation and as full rehabilitation as possible.”29 27 28 29 See Chapter 30 of the Police Reform Act of Great Britain and Ireland and Article 7(3) of Criminal Procedure Code of Luxembourg. For example, in Denmark recent amendments to the Criminal Code and the Military Criminal Code lifted the statute of limitations on violations committed by the use of torture, including attempts and complicity, in criminal cases. 2013 amendments to the Criminal Code of Turkey specify that criminal liability for acts of torture is no longer subject to a statute of limitations, as recommended by the Committee in its previous concluding observations. See also the Report on Key Issues in Drafting Anti-Torture Legislation of the Association for the Prevention of Torture (2013). The CAT also recognizes the elements of full redress under international law and practice as outlined in the Basic Principles and Guidelines on the Right to a Remedy and Reparation for Victims of Gross Violations of International Human Rights Law and Serious Violations of International Humanitarian Law, General Assembly resolution 60/147. In addition, the Criminal Code of Slovenia provides that a “person against whom a criminal sanction is being implemented shall not be subjected to torture or any other form of cruel, inhumane or degrading treatment. Any person who has suffered such treatment shall have the right to legal redress.” The Criminal Procedure Code of Moldova provides that “The victim of an especially severe or an exceptionally severe crime, the victim of torture, inhumane or degrading treatments,…shall also have the following rights: to be assisted, in line with the law, by a court-appointed attorney to provide the legal assistance guaranteed by the state if unable to afford an attorney”, as well as “of the right to protection and compensation, as well as of the right to file a request for application of protection.” The Criminal Procedure Code of Georgia obliges a judge to “inform the accused of...the right to file a complaint (claim) for torture and inhuman treatment.” 12