B. Positive aspects (3) The Committee welcomes the State party’s ratification of the Optional Protocol to the Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment on 26 August 2008, which confirmed its will to combat and eradicate these practices. (4) The Committee welcomes the ratification by the State party of the International Convention on the Protection of the Rights of All Migrant Workers and Members of Their Families in 2005 and its ratification of the Convention on the Rights of Persons with Disabilities in December 2007. (5) The Committee commends the State party for its establishment of the National Coalition against Trafficking in Persons in 2004 and its accession to the Protocol to Prevent, Suppress and Punish Trafficking in Persons, Especially Women and Children, supplementing the United Nations Convention against Transnational Organized Crime, also in 2004. (6) The Committee appreciates the efforts made by the State party to improve the operation of the national prison system, especially the adoption on 11 September 2003 of Act No. 473 on the prison system and enforcement of sentences, which establishes rules on how sentences are to be served and custodial measures enforced in accordance with the principles of re-education and social reintegration. (7) The Committee takes note with satisfaction of the adoption of the Code of Criminal Procedure, which is intended to improve the administration of justice. (8) The Committee welcomes the Refugee Protection Act, which was adopted by the National Assembly on 4 June 2008 with all-party support. (9) Furthermore, the Committee expresses its satisfaction at the creation of the post of Special Procurator for Prisons in 2006 for the purpose of monitoring the treatment given to persons held in detention centres. C. Principal causes of concern and recommendations Definition and criminalization of torture (10) The Committee notes that the new Criminal Code, which entered into force on 9 July 2008, contains both a characterization and an explicit definition of torture in chapter II (Crimes against humanity), article 486. The Committee is, however, concerned that the definition of torture in the Criminal Code is not fully in line with article 1 of the Convention because it does not specifically refer to offences committed by, at the instigation of, or with the consent or acquiescence of a public official or other person acting in an official capacity. The Committee is also concerned by the fact that the Military Criminal Code does not include the offence of torture but instead refers to “abuse of authority” and “causing injury”, which could entail the application of standards that are more favourable to the accused (arts. 1 and 4). The State party should adopt a definition of torture fully in line with article 1 of the Convention and ensure that this definition covers all the elements of torture. The State party should also amend the Military Criminal Code to include the offence of torture and bring it into line with the provisions of articles 1 and 4 of the Convention. Obligation to investigate and the right to complain (11) The Committee notes with concern the complete absence of cases and sentences relating to the offences of torture and ill-treatment, which could be viewed as being akin to impunity. The Committee further expresses its concern at the fact that, despite the increase in the number of complaints by citizens, the outcome of 68 per cent of investigations of human rights violations by public officials has been negative and only 4 per cent of them have been referred to the Public Prosecutor’s Office for the initiation of criminal proceedings, according to the additional information provided by the State party. The Committee considers that the almost total absence of criminal sanctions may constitute an obstacle to the implementation of the Convention (arts. 12 and 13). 108