(c) The ongoing National Plan for Combating and Preventing Trafficking in People; (d) The National Programme for the Prevention of Racial Discrimination, Xenophobia and Related Intolerance established in 2003; (e) The setting up in 2006 of the institution of the Ombudsman for Mental Hospitals Patients; and (f) The National Programme for Crime Victims set up in February 2006. C. Principal subjects of concern and recommendations Definition of torture (6) The Committee regrets that the State party has not changed its position not to incorporate the Convention into Polish law and it reiterates the concern expressed in its previous conclusions and recommendations (A/55/44, paras. 85-95) with regard to the absence of a specific offence of torture, consistent with articles 1 and 4, paragraph 2, of the Convention (arts. 1 and 4). The Committee, recalling its previous recommendations (A/55/44, paras. 85-95), reiterates its view that the State party should enact a specific offence of torture, as defined in article 1 of the Convention, in its Criminal Code making it a punishable offence as set out in article 4, paragraph 2, of the Convention. Pretrial detention (7) The Committee expresses its concern at the length of pretrial detention, which under the Code of Criminal Procedure can last up to two years, and at the fact that Polish legislation does not establish a time limit for pretrial detention upon the commencement of the court proceedings (arts. 2 and 11). The State party should adopt appropriate measures to ensure that its pretrial detention policy meets international standards and it is only used as an exceptional measure for a limited period of time. The State party should consider using measures alternative to pretrial detention. Fundamental safeguards (8) The Committee is concerned at restrictions that might be imposed on fundamental legal safeguards for persons detained by the police, particularly on the right of access to a lawyer from the outset of the detention, including during the stages of the preliminary investigation, as well as to consult a lawyer in private (arts. 2 and 11). The State party should take effective measures to ensure that all fundamental legal safeguards for persons detained by the police, particularly the right to access a lawyer and to consult with him/her in private, are respected from the very outset of the detention, including during the stages of the preliminary investigation. (9) The Committee notes the adoption of a “shortened trial procedure” as a component of the reform of the Code of Criminal Procedure (art. 387) and it would be concerned if it gave rise to undue pressure being brought to bear on suspects to avail themselves of the procedure (art. 2). The State party should take all necessary measures to guarantee the voluntary nature of any such agreements. (10) The Committee regrets the lack of an appropriate system of legal aid in Poland and, in particular, the delay in submitting the draft law on access to free legal aid to the Parliament (Sejm) considering the impact that the delay might have on the protection of persons without resources (art. 2). The State party should take effective steps to expedite the adoption of the law on access to free legal aid in order to ensure appropriate protection and access to the legal system of persons without resources. 76