A/HRC/22/53/Add.2 and the Convention relating to the Status of Refugees and the Protocol thereto. Morocco has approved a law of accession to the Optional Protocol to the Convention against Torture, but has not yet deposited its instrument of ratification. 7. The State has signed but not ratified the Rome Statute for the International Criminal Court and is party to the Convention on the Prevention and Punishment of the Crime of Genocide. B. At the national level Constitutional and legislative provisions 8. Article 22 of the new Constitution of July 2011 stipulates that everyone shall have the right to physical and moral integrity which shall not be undermined under any circumstances by any person, private or public; that no one shall inflict upon another, under any pretext whatsoever, any cruel, inhuman or degrading treatment which undermines their dignity; and that the practice of any form of torture, by anyone, is a crime punishable by law. The Special Rapporteur welcomes the introduction of these principles into the Constitution and the demonstrated will of the authorities to accord them primacy. 9. The Criminal Code and the Code of Criminal Procedure criminalized torture before 2011. Act No. 43-04 amending and supplementing the Criminal Code of 1962 was adopted on 14 February 2006. The definition of torture in article 231-1 of the Criminal Code defines torture as follows: ―any act, committed intentionally by a public official or someone acting at his behest or with his express or tacit consent, by which acute physical or mental pain is inflicted on a person in order to intimidate him or her, or to pressure that person, or someone else, to obtain information or indications, or confessions; to punish that person for an act that he or she, or a third person has committed or is suspected to have committed, or when such pain or suffering is inflicted for any other reason based on any type of discrimination. This term does not cover the pain or suffering relating only to legal sanctions or caused by such sanctions or that is inherent to such sanctions‖. Articles 231-2 to 231-8 of the Criminal Code foresee sanctions for the act of torture, including prison sentences of 5 to 30 years, depending on the gravity of the offence. 10. The Special Rapporteur is of the view that further amendments to the definition of torture are needed to bring the offence into line with international human rights law. He acknowledges that the definition contained in article 231-1 of the Criminal Code encompasses the main elements of article 1 of the Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment, but notes that it does not cover complicity or explicit or tacit consent on the part of law enforcement or security personnel or any other person acting in an official capacity. By its terms, this article does not contemplate penalties for officials who consent to or cover up instances of torture. Although such forms of participation may be adequately contemplated elsewhere in Moroccan law, given the gravity of torture it would be preferable for this norm to explicitly contemplate and criminalize the commission of torture by means of other persons. III. Assessment of the situation 11. The Special Rapporteur perceives the emergence of a culture of human rights and the political will among the various authorities, in particular the Ministry of Foreign Affairs and the Interministerial Delegation for Human Rights, to build up an institutional culture that prohibits and prevents torture and ill-treatment. 5