A/65/44 accordance with article 1 of the Convention in the national legal system of the State party, which seriously hampers the implementation of the Convention in the State party (art. 1). The State party should amend its legislation to adopt a definition of torture in full conformity with article 1 of the Convention that would encompass all elements of this definition. By naming and defining the offence of torture in accordance with articles 1 and 4 of the Convention and making it distinct from other crimes, the Committee considers that States parties 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 the prohibition itself. Criminalization of torture (6) While acknowledging that torture is punishable by article 391, paragraph 1, of the Criminal Code and that no offence or penalty shall be recognized without a corresponding legal provision in accordance with article 29 of the Constitution, the Committee notes with serious concern that these provisions fail to ensure appropriate penalties applicable to such acts, since they set the maximum penalty at three years of imprisonment (art. 4). The State party should revise its national legislation to ensure that acts of torture are offenses under criminal law and are punishable by appropriate penalties which take into account the grave nature of these acts, as required by article 4, paragraph 2, of the Convention. Widespread use of torture (7) The Committee is deeply concerned about numerous, ongoing and consistent allegations concerning the routine use of torture by law enforcement and investigative officials, at their instigation or with their consent, in particular in detention facilities. It is also concerned at credible reports that such acts commonly occur before formal charges are laid, as well as during the pretrial detention period, when the detainee is deprived of fundamental legal safeguards, in particular access to legal counsel. This situation is exacerbated by the reported use of internal regulations which, in practice, permit procedures contrary to published laws and in violation of the Convention. The Committee is also gravely concerned at the absence of systematic registration of all detainees in places of detention under the State party’s jurisdiction (arts. 2, 12 and 13). The State party should: (a) Unambiguously reaffirm the absolute prohibition of torture and publicly condemn practices of torture, especially by the police and prison personnel, accompanied by a clear warning that anyone committing such acts, or otherwise complicit or participating in torture will be held personally responsible before the law for such acts and will be subject to criminal prosecution and appropriate penalties; (b) In order to combat impunity, immediately adopt all necessary measures to ensure, in practice, prompt, impartial and effective investigations into all allegations of torture, and should prosecute and punish those responsible, including law enforcement and investigation officials, with penalties taking into account the grave nature of torture offences. Investigations should be undertaken by a fully independent body; (c) Ensure that all persons detained are fully and promptly registered at the place of detention, as one measure to prevent acts of torture. Registration should contain the identity of the detainee, the date, time and place of the detention, the identity of the authority that detained the person, the ground for the detention, the date and time of admission to the detention facility and the state of health of the 128 GE.10-44721