CAT/C/MDA/CO/2 Appropriate penalties for acts of torture in the Criminal Code 14. While acknowledging the efforts made by the State party to enact article 309/1 of the Criminal Code, incorporating a definition of torture that contains all the elements of article 1 of the Convention and makes it a specific criminal offence, the Committee is concerned about the inadequacy of the penalties applicable to torture and the frequent use of suspended sentences for persons found guilty of having committed acts of torture. The Committee is also concerned about the low rates of convictions and disciplinary measures imposed on law enforcement officers in the light of numerous allegations of torture and other acts of cruel and inhuman or degrading treatment, as well as the lack of public information about such cases (art. 4). The State party should ensure that torture is punishable by adequate penalties which take into account its grave nature, as set out in article 4, paragraph 2, of the Convention, and that statistics on convictions and disciplinary measures are regularly published and made available to the general public. The Committee considers that by doing so, the State party will directly advance the Convention’s overarching aim of preventing torture by, inter alia, alerting everyone, including perpetrators, victims and the public, to the special gravity of the crime of torture and by improving the deterrent effect of prohibition itself. Excessive use of force by law enforcement officers 15. The Committee is concerned about credible reports on the excessive use of force by law enforcement officers, with particular reference to the post-election demonstrations in April 2009. The Committee is particularly concerned about reports of arbitrary arrest, failed crowd control methods, including beatings, and torture and ill-treatment of persons detained in connection with post-election demonstrations (arts. 2, 10, 11, 12, 13, 14 and 16). The State party should: (a) Promptly, impartially and effectively investigate all complaints and allegations of misconduct by law enforcement officers during the post-election demonstrations in April 2009 by establishing an independent, impartial and credible body that should comply with relevant international standards in this area, particularly the updated Set of Principles for the Protection and Promotion of Human Rights through Action to Combat Impunity, the findings of which should be made public; (b) Ensure that law enforcement officers found responsible for acts of torture and ill-treatment of protestors and detainees, including those in positions of command responsibility, are prosecuted and, if found guilty, convicted with appropriate penalties. In connection with prima facie cases of torture and illtreatment, implicated officers should as a rule be subject to suspension or reassignment during the process of investigation, especially if there is a risk that he or she might interfere with or impede the investigation; (c) Ensure that an official apology is given and adequate compensation is provided to all victims of torture and other forms of ill-treatment that took place in connection with the post-election demonstrations in April 2009, irrespective of the outcome of criminal prosecutions against the perpetrators, and that adequate medical and psychological rehabilitation is given to victims. 16. The Committee is concerned at reports that police and other law enforcement officers wore masks and did not carry identification badges during the post-election demonstrations of 7 April 2009, and that people were apprehended by officers in plain 6 GE.10-41468