A/65/44 November 2009, and adopted, at its 916th meeting (CAT/C/SR.916), held on 16 November 2009, the concluding observations as set out below. A. Introduction (2) The Committee welcomes the submission of the second periodic report of Slovakia, which covered the period from 1 January 2001 to 31 December 2006 and was in compliance with the reporting guidelines, as well as the replies to the list of issues (CAT/C/SVK/Q/2/Add.1), which provided additional information on the measures taken by the State party to implement the Convention. The Committee also notes with satisfaction the constructive dialogue held with the high-level delegation of the State party. B. Positive aspects (3) The Committee notes with appreciation: (a) That international treaties take precedence over the laws of Slovakia; (b) The ratification of the optional protocols to the Convention on the Rights of the Child on the sale of children, child prostitution and child pornography, in 2004, and on the involvement of children in armed conflict, in 2006; (c) The ratification of the Rome Statute of the International Criminal Court, on 11 April 2002; (d) The reviews of legislation aimed at improving the fulfilment of the State party’s commitments under the Convention, such as the new Criminal Code No. 300/2005, the new Criminal Procedure Code No. 301/2005, Act No. 475/2005 on the Execution of Custodial Sentences and Act No. 221/2006 on the Execution of Remand in Custody; (e) The creation of the Public Defender of Rights (Ombudsman’s Office), in 2001. (4) The Committee also welcomes the decision by the Constitutional Court on 26 June 2008 not to send Mr. Mustapha Labsi to Algeria on the ground that he might be in danger of being subject to torture. C. Principal subjects of concern and recommendations Definition of torture (5) While noting the broad definition of torture in the Slovak Criminal Code, the Committee is concerned that this definition does not include the purpose of discrimination, nor that instigation, consent or acquiescence of a public official or other person acting in an official capacity are elements of the definition (art. 1). The State party should bring its definition of torture into line with article 1 of the Convention by including the element of discrimination and by criminalizing instigation, consent and acquiescence of a public official or other person acting in an official capacity. Fundamental safeguards (6) The Committee is concerned that persons in police custody may exercise their right to contact a member of their family and have access to an independent medical doctor and to legal counsel only “as soon as practical”, not from the outset of their detention (art. 2). The State party should ensure that persons in police custody can exercise their right to contact a member of their family and have access to an independent medical doctor, if possible of their choice, and to legal counsel from the outset of their deprivation of liberty. GE.10-44721 47