CAT/C/BOL/CO/2 aggravating circumstances. The draft bill, as it now stands, does not cover acts of torture carried out in order to intimidate or coerce a third person or acts committed by a person other than a public official who is acting in an official capacity (arts. 1 and 4). The Committee reiterates its earlier recommendation (para. 97 (a)) to the effect that the State party should incorporate a definition of torture into its body of criminal law that includes all the elements set forth in article 1 of the Convention. These elements include a clear definition of intent, of aggravating circumstances, of attempted torture, of acts of torture committed to intimidate or coerce a person or a third person and of acts of torture committed by or at the instigation of or with the consent or acquiescence of a public official or other person acting in an official capacity. The Committee would like to draw the State party’s attention to its general comment No. 2 (2007), on the application of article 2 by States parties, which underscores the preventive effect of having the crime of torture defined as an offence in its own right (CAT/C/GC/2, para. 11). The State party should also ensure that these offences are punishable by appropriate penalties which take into account their grave nature, as stipulated in article 4, paragraph 2, of the Convention. Fundamental procedural safeguards 9. The Committee takes note of the information provided by the State party’s delegation about the rules and regulations governing prisoners’ rights during the initial stages of their detention. However, it regrets the lack of information on the measures and procedures in place to ensure that, in practice, all persons deprived of their liberty are actually able to exercise those rights. Nor has the State party explained what obstacles it has encountered in its efforts to give effect to the Committee’s earlier recommendation that a national public register of persons deprived of their liberty be established that indicates the authority which ordered such deprivation, the grounds for doing so and the type of proceedings to be instituted (A/56/44, para. 97 (c)). The Committee is concerned by the fact that article 296 of the Code of Criminal Procedure requires police officers to enter no more than the place, date and time of arrest in the register (art. 2). The State party should: (a) Take effective steps to ensure that persons who are arrested actually have the benefit of all fundamental legal safeguards from the very outset of their detention. These safeguards include the right to be informed of the reasons for the arrest, access to a lawyer, the right to contact family members or other persons of the detainee’s choice and the right to have an independent medical exam performed without delay. The Committee encourages the State party to continue its efforts to expand and improve the coverage of the National Public Defence Service (SENADEP); (b) Carry out monitoring and inspections on a systematic basis in order to ensure fulfilment of the obligation to duly record the information regarding each arrest that is outlined in the Body of Principles for the Protection of All Persons under Any Form of Detention or Imprisonment (General Assembly resolution 43/173 of 9 December 1988). Complaints of torture and ill-treatment 10. Information provided by the State party indicates that the Bolivian police force dealt with 42 individual cases (28 involving men and 14 involving women) of ill-treatment or torture (article 295 of the Criminal Code) between 2001 and 2012, while the Attorney GE.13-44526 3