A/65/44 (5) The Committee considers as positive the State party’s cooperation with the special rapporteurs, special representatives and working groups of the Human Rights Council and the numerous visits carried out by these human rights mechanisms. (6) The Committee welcomes the jurisprudence of the Constitutional Court and its extensive references to international human rights standards. (7) The Committee considers it positive that the jurisdiction of the International Criminal Court has been accepted without qualification by the State party since 2009. (8) The Committee expresses its satisfaction at the absence of the death penalty in the State party. (9) The Committee notes with satisfaction the efforts being made by the State party to reform legislation, policies and procedures with the aim of ensuring better protection of the right not to be subjected to torture or other cruel, inhuman or degrading treatment or punishment, including: (a) The human rights certification criterion for promotion in the security services, adopted by the Ministry of Defence in November 2008; (b) The adoption of the National Plan for the Search for Disappeared Persons in (c) The Policy to Combat Impunity (CONPES 3411 of 2006); 2007; (d) The organization of training courses on the Istanbul and Minnesota Protocols, with advice from the Office of the United Nations High Commissioner for Human Rights and the United Nations Office on Drugs and Crime; (e) The establishment of a special investigation group within the National Human Rights and International Humanitarian Law Unit in the Office of the Public Prosecutor of the Nation on the topic of torture. C. Principal subjects of concern and recommendations Definition of torture (10) The Committee notes that the Criminal Code includes a definition of the crime of torture. However, it is concerned that, in practice, a charge relating to crimes of torture does not clearly identify torture as a specific and separate offence, given that it is subsumed under aggravating circumstances relating to other offences regarded as more serious by judicial officials. The Committee is also concerned about the possibility of erroneous definitions that assimilate the crime of torture to other less serious criminal offences such as that of personal injury, which does not require proof of the offender’s intention. The Committee is concerned that these practices result in a serious under-recording of cases of torture and entail impunity for the said crimes (arts. 1, 2 and 4 of the Convention). The State party should adopt the necessary measures to ensure that crimes of torture are prosecuted as a separate offence and that the charge corresponds to the serious nature of the crime, and should not allow cases of torture to be subsumed under other related offences. Similarly, there is a need to ensure that acts of torture are not defined in terms of a less serious offence, such as the infliction of personal injury. The Committee recommends strengthening the training of prosecutors to ensure that torture is prosecuted in a manner consistent with the State party’s international obligations. Complaints of torture and impunity (11) While there has been an overall reduction in the number of complaints of torture since the last periodic review in 2004, the Committee is concerned that the incidence of GE.10-44721 19