A/65/44 (c) The establishment in June 2000 of a Human Rights Unit within the National Civil Police, composed of three departments: promotion, protection and administration. (8) The Committee notes with satisfaction that on 1 April 2004 the Constitutional Division of the Supreme Court found that a number of articles in the Anti-Gang Act violated the Constitution and the Convention on the Rights of the Child, as they breached the fundamental principle of equality before the law; it also found that the Act presupposed that individuals engaged in criminal activities on the basis of their personal or social circumstances rather than the actual commission of an offence, and also ruled that a child may not be tried as an adult. (9) The Committee welcomes the willingness of the Government to institute a policy of full acknowledgement of its international obligations in the field of human rights arising from the international treaties ratified by the State party, and to recognize the right of victims of human rights violations to know the truth, to have access to justice and to obtain adequate reparation. C. Principal subjects of concern and recommendations Definition of torture (10) Despite the fact that article 297 of the Criminal Code and the Constitution provide a definition of torture, the Committee reiterates its concern, already expressed at the time of its consideration of the initial report, that the State party has still not brought the definition of the crime of torture in its domestic legislation into line with the provisions of article 1 and the requirements of article 4 of the Convention. The Committee notes with concern that the definition of torture does not include specification of the purpose of the crime, that no aggravating circumstances have been indicated, that the possibility of attempted torture is excluded, and that it does not encompass intimidation or coercion of the victim or a third person or discrimination of any kind as a motive or reason for inflicting torture. It also lacks provisions defining as an offence torture inflicted at the instigation or with the consent or acquiescence of a public official or other person performing official functions. The Committee is also concerned that domestic legislation contains no provision for the application of appropriate penalties in the light of the serious nature of the crime of torture (arts. 1 and 4). The State party should take the necessary steps to ensure that all acts of torture, including all the elements specified in articles 1 and 4 of the Convention, are considered to be offences in its domestic penal legislation and that, in keeping with article 4, paragraph 2, of the Convention, appropriate penalties are applied in every case in the light of the serious nature of such offences. Allegations of torture (11) The Committee is concerned that allegations of serious offences, including acts of torture, committed by personnel of the National Civil Police and prison staff in the performance of their duties, continue to be received, especially in the context of strategies to combat the high level of crime. The Committee is particularly concerned that the allegations of torture which have been received include reference to vulnerable persons such as street children and young people or those from broken families. The Committee also notes with concern that some possible cases of torture have been investigated, under disciplinary rules, as abuses of power, despite their seriousness. The Committee regrets that no independent body exists which could investigate reports of ill-treatment and torture, contributing to a situation in which such offences go unpunished (arts. 2 and 12). The Committee recommends that the State party should expedite legislative reforms and set up an independent body to monitor the behaviour and discipline of the police forces. The State party should also guarantee that no act carried out by the police 28 GE.10-44721