ODIHR Opinion on Definition of Torture and its Absolute Prohibition in Polish Legislation official” who allows such acts. However, these wordings do not encompass all forms of state involvement included in the CAT. 37. The definition of torture within Polish legislation should be broad enough to encompass all acts against person’s integrity that have been qualified as torture and other ill-treatment under international law, and should include all the elements envisaged by Article 1 of the UNCAT, particularly, an act inflicting severe pain or suffering, as well as the intent and purpose of an act or omission. In addition, the relevant legislation should explicitly expand on the State’s full responsibility for all acts of torture committed in any territory under its jurisdiction, when inflicted by or at the instigation of or with the consent or acquiescence of a public official or other person acting in an official capacity. 4. Additional Core Requirements beyond the Definition of Torture 38. Beyond defining torture and other ill-treatment as serious crimes in the national legislation, additional core requirements for consideration include the State’s obligation to investigate, prosecute and punish all acts of torture and other ill-treatment (Article 12 of the UNCAT), to ensure an enforceable right to redress, including fair and adequate compensation, for victims of torture (Article 14 of the UNCAT) as well as the full implementation of the non-refoulement principle (Article 3 of the UNCAT) and the exclusionary rule (Article 15 of the UNCAT). Some aspects discussed below are already included in other pieces of legislation but these should be expanded with the aim to bringing the legislation in line with international obligations with regard to the absolute prohibition of torture and other ill-treatment.24 The absence of the definition of torture in the legislation has a negative implication on these requirements and warrants additional attention. Lastly, these requirements are not exhaustive but selected based on the CAT recommendations for Poland. 4.1 State’s Obligation to Investigate, Prosecute and Punish 39. Under Article 12 of the UNCAT, States are obliged to investigate promptly, effectively and impartially any alleged act of torture. Certain aspects of these obligations are not explicitly covered in the legislation. For example, penalties envisaged by the Penal Code for an act of torture vary from 3 month to 25 years depending on the severity of the act committed. While there is no formal standard to follow in terms of the number of years when it comes to determine the penalty for committing torture and other ill-treatment, in 2002, the CAT recommended a sentence from 6 to 20 years.25 Therefore, the punishment suggested for acts of torture in those provisions do not reflect the gravity of the crime. 40. The CAT opined that “amnesties or other impediments which preclude or indicate unwillingness to provide prompt and fair prosecution and punishment of perpetrators of torture or ill-treatment violate the principle of non-derogability.” 26 For example, the Police Reform Act of the United Kingdom envisages the establishment of the 24 25 26 For example, some elements are discussed in the Criminal Procedure Code (Dz.U.z 997 r. poz. 555), Act on Granting Protection to Aliens on the Territory of Poland (Dz.U.z 2003 r, poz 1176) and the Act of Poland on Foreigners (Dz.U.z 2013 r. poz.1650). See Summary Report of the 93rd Meeting of the Committee (CAT/C/SR.93). See paragraph 5 of General Comment No. 2 on Implementation of Article 2 by States parties (CAT/C/GC/2), 24 January 2008. 11