CAT/C/HND/CO/2 Criminal Code still provides for different punishments depending on the gravity of the harm caused to the victim without establishing criteria that would enable an objective assessment of that harm. The Committee also takes note of the explanations provided by the delegation on the ongoing work to bring the definition and punishment of the offence of torture in military criminal law into line with the Convention (art. 4). 10. Recalling that penalties commensurate with the gravity of the crime of torture are indispensable if they are to have a deterrent effect, the Committee urges the State party to amend its criminal legislation, including its military criminal legislation, so as to ensure that all acts of torture are punishable by appropriate penalties that take into account their grave nature, in accordance with article 4 (2) of the Convention. Safeguards 11. According to the information provided by the State party, the number of public defenders working in police stations and courts remains insufficient, despite the introduction of a special shift to respond to requests for free legal assistance. The Committee is also concerned by the complaints of arbitrary arrests made for identification purposes, the irregularities in the maintenance of and access to detention records, and the difficulties faced by persons in police custody seeking an independent medical examination (art. 2). 12. The State party should: (a) Ensure that, in practice, persons deprived of their liberty enjoy all the fundamental legal safeguards from the moment of their arrest, in particular the right to be informed of the reasons for their arrest and the nature of the charges against them, the right to be registered at the place of detention, the right to receive prompt legal assistance and the right to request a medical examination by a doctor of their choice; (b) Ensure that detention registers are properly maintained and guarantee access to those registers; (c) Defence. Strengthen the resources available to the Directorate-General of Public Militarization of public security services and the prison system 13. In view of the State party’s efforts to reduce the high levels of violence associated with transnational organized crime and gangs, the Committee expresses concern about the reports of numerous complaints of human rights violations, including acts of torture, committed by members of the armed forces in the performance of police duties. In this connection, the Committee notes with concern that, although Decree No. 198-2011 of 11 November 2011 authorized the army to perform police duties “temporarily” and “in emergencies”, the period during which this decree-law is in force has been extended and the armed forces’ powers expanded by subsequent amendments to the Organic Act on the National Police. Other causes for concern are the proliferation of new security forces and agencies, the privatization of public security work and alleged abuses by employees of private security companies (arts. 2, 11, 12, 13 and 16). 14. The State party should ensure that all cases and complaints of human rights violations and abuses, including those related to acts of torture and ill-treatment, are investigated promptly, effectively and impartially and that the perpetrators are tried and given sentences commensurate with the gravity of their acts. The Committee urges the State party to live up to its public commitment to begin to redeploy those armed forces supporting the forces of law and order during the last quarter of 2016. GE.16-14849 3

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