CAT/C/IRQ/CO/1 Definition and criminalization of torture 27. While taking note of the information provided by the delegation on the content and status of the draft law on torture, the Committee is concerned that a comprehensive definition of torture in conformity with the Convention, including torture for discriminatory purposes, is not yet contained in the domestic law. It is also concerned over the lack of clarity regarding the penalties associated with that crime (arts. 1 and 4). The State party should define torture in full conformity with article 1 of the Convention, and ensure that such offences are punishable by appropriate penalties that take into account their grave nature, in accordance with article 4 (2) of the Convention. The Committee draws the State party’s attention to its general comment No. 2, in which it states that serious discrepancies between the Convention’s definition and that incorporated into domestic law create actual or potential loopholes for impunity (para. 9). Universal jurisdiction 28. The Committee is concerned that torture and related crimes are not included in the list of offences indicated in paragraph 42 of the State party’s initial report over which courts can exercise universal jurisdiction (arts. 5 and 8). The State party should, in accordance with article 5 (2) of the Convention, take legislative measures and other measures necessary to establish its jurisdiction over crimes of torture and other related offences in cases where the alleged offender is present in any territory under its jurisdiction and it does not extradite him or her. Trafficking 29. While welcoming the adoption of Act No. 28 (2012) on combating trafficking in persons, the Committee notes with concern the increasing internal and cross-border trafficking of women and children in the State party as a result of the deteriorating security situation. It also expresses its concern at allegations, to which the State party did not respond, that traffickers post bail for incarcerated women to force them into prostitution through debt bondage. The Committee regrets the lack of information provided by the State party regarding the number of prosecutions, convictions and sentences of perpetrators of trafficking (arts. 2, 12 and 16). The State party should: (a) Intensify its efforts to prevent and combat trafficking in human beings, including by implementing effectively the 2012 anti-trafficking legislation and by providing protection for victims, including shelters and psychosocial assistance; (b) Conduct prompt and impartial investigations into cases of human trafficking, ensure that those found guilty of such crimes are punished with penalties appropriate to the nature of their crimes, and guarantee that all victims of such acts obtain redress; (c) Ensure that victims of trafficking for forced sexual exploitation are not criminalized for prostitution-related offences; (d) Ensure the systematic collection of data on trafficking flows to and in transit through the country. Training 30. While taking note of the existing training programmes on human rights for police officers, prison staff and judicial officers, the Committee remains concerned by the lack of 9

Select target paragraph3