A/65/44 (d) Act No. 2005/007 of 27 July 2005 on the Code of Criminal Procedure; (e) Act No. 2005/015 of 29 December 2005 on combating smuggling and trafficking in children. (6) The Committee welcomes the ratification by the State party, on 18 May 2004, of the United Nations Convention against Transnational Organized Crime and two of its three protocols: the Protocol to Prevent, Suppress and Punish Trafficking in Persons, Especially Women and Children, and the Protocol against the Smuggling of Migrants by Land, Air and Sea. (7) The Committee notes with satisfaction the ratification, on 28 March 2009, of the Protocol to the African Charter on Human and People’s Rights on the Rights of Women in Africa. (8) The Committee welcomes the fact that the State party has agreed to host the United Nations Subregional Centre for Human Rights and Democracy in Central Africa and its unwavering support for the Centre’s activities. (9) The Committee notes with satisfaction the State party’s cooperation with the European Union in the context of the Programme to Improve Detention Conditions and Respect of Human Rights. C. Main areas of concern and recommendations Definition of torture and appropriate penalties (10) The Committee has noted that article 132 bis of the Criminal Code contains a definition of torture but regrets that, in spite of repeated requests, the State party has not provided it with a copy of the text. The Committee is therefore unable to assess whether or not the State party fully incorporated the definition of torture under articles 1 and 4 of the Convention. Moreover, the Committee notes with concern that domestic legislation does not provide for the imposition of sentences that take into account the seriousness of the offence (arts. 1 and 4). The State party should provide the Committee with the necessary information for it to assess whether or not the State party has incorporated into its Criminal Code a definition of torture that complies with articles 1 and 4 of the Convention. The Committee emphasizes that the definition of torture should set out clearly the purpose of the offence, provide for aggravating circumstances, include the attempt to commit torture as well as acts intended to intimidate or coerce the victim or a third person, and refer to discrimination of any kind as a motive or reason for inflicting torture. The definition should also criminalize torture inflicted by or at the instigation of or with the consent or acquiescence of a public official or other person acting in an official capacity. The State party should also ensure that the provisions criminalizing acts of torture and making them punishable by criminal penalties are proportional to the seriousness of the acts committed. Fundamental legal safeguards (11) The Committee takes note of the provisions in articles 37 and 116 of the Code of Criminal Procedure, under which persons who have been arrested are provided every reasonable facility to contact family members, obtain legal advice and consult a physician. Nevertheless, the Committee is concerned by information it has received indicating that, in practice, detainees, from the time of their arrest, rarely benefit from the guarantees provided for in the Code of Criminal Procedure. In addition, the Committee is deeply concerned by the fact that police custody, limited to 48 hours and renewable once with the authorization of the State prosecutor, is not observed in practice and that arrests are not registered 82 GE.10-44721