45. Ukraine (1) The Committee considered the fifth periodic report of Ukraine (CAT/C/81/Add.1) at its 765th and 768th meetings, held on 8 and 9 May 2007 (CAT/C/SR.765 and CAT/C/SR.768), and adopted, at its 779th meeting on 18 May 2007 (CAT/C/SR.779), the following conclusions and recommendations. A. Introduction (2) The Committee welcomes the fifth periodic report of Ukraine, which follows the Committee’s guidelines for reporting, and expresses its appreciation for the extensive written response provided to the list of issues (CAT/C/UKR/Q/5/Rev.1/Add.1). The Committee also appreciates the expertise, size and high level of the State party delegation and the extensive dialogue conducted, as well as the additional oral information provided by the representatives of the State party to questions raised and concerns expressed during consideration of the report. B. Positive aspects (3) The Committee welcomes the entry into force, on 1 September 2001, of a new Criminal Code, which, inter alia, makes torture a punishable offence, as well as the adoption, in 2004, of a new Penal Corrections Code. (4) With regard specifically to the prevention of torture, the Committee welcomes the declaration made, in September 2003, under articles 21 and 22 of the Convention, that the State party recognizes the competence of the Committee to receive and consider State and individual communications, as well as the withdrawal of its reservation to article 20 of the Convention and the ratification of the Optional Protocol to the Convention in September 2006. (5) The Committee also welcomes the ratification of the following instruments: (a) The Optional Protocol to the Convention on the Rights of the Child on the sale of children, child prostitution and child pornography, in July 2003; (b) The Optional Protocol to the Convention on the Rights of the Child on the involvement of children in armed conflict, in July 2005; (c) The Convention relating to the Status of Refugees and its 1967 Protocol, in June and April 2002 respectively; (d) The United Nations Convention against Transnational Organized Crime, in May 2004. (6) The Committee notes with satisfaction the adoption of a National Plan of Action (2001-2005) to “Improve the Status of Women and Promote Gender Equality in Society” aimed at preventing violence against women and children and trafficking, and the State party’s efforts to combat such trafficking. (7) The Committee welcomes the efforts of the State party to cooperate with non-governmental organizations on human rights issues, and encourages it to further strengthen this trend with regard to the implementation of the provisions of the Convention. C. Subjects of concern and recommendations Definition of torture (8) While noting that the State party amended its Criminal Code in 2005 in order to bring the definition of torture into conformity with the provisions of the Convention, the Committee regrets that the definition contained in article 127 of the Criminal Code does not fully reflect all elements contained in article 1 of the Convention, notably with respect to discrimination. The State party should bring its definition of torture fully into conformity with article 1 of the Convention, in particular to ensure that all public officials can be prosecuted under article 127 of the Criminal Code, and that discrimination is an element of the definition. 80