43. Lithuania (1) The Committee considered the second periodic report of Lithuania (CAT/C/LTU/2) at its 838th and 841st meetings (CAT/C/SR.838 and 841), held on 4 and 5 November 2008, and adopted, at its 857th meeting (CAT/C/SR.857), the following conclusions and recommendations. A. Introduction (2) The Committee welcomes the submission of the second periodic report of Lithuania and the information presented therein, and expresses its appreciation for the replies by the State party to the follow-up procedure of the Committee. The Committee also expresses its appreciation for the State party’s thorough written responses to the list of issues (CAT/C/LTU/Q/2/Add.1), which provided additional information on the legislative, administrative, judicial and other measures taken by the State party to prevent acts of torture and other cruel, inhuman or degrading treatment or punishment. Furthermore, the Committee notes with satisfaction the constructive efforts made by the multisectoral State party delegation to provide additional information and explanation during the dialogue. B. Positive aspects (3) The Committee welcomes that in the period since the consideration of the last periodic report, the State party, on 5 August 2004, ratified the Optional Protocol to the Convention on the Elimination of All Forms of Discrimination against Women, and acceded to the Optional Protocol to the Convention on the Rights of the Child on the sale of children, child prostitution and child pornography. (4) The Committee notes with satisfaction the ongoing efforts at the State level to reform its legislation, policies and procedures in order to ensure better protection of human rights, including the right not to be subjected to torture and other cruel, inhuman or degrading treatment or punishment, in particular: (a) The Law on Equal Treatment which came into force on 1 January 2005 with the purpose to ensure the implementation of human rights laid down in the Constitution and to prohibit any direct or indirect discrimination based upon age, sexual orientation, disability, racial or ethnic origin, religion, or beliefs; (b) The 2007 Law on the Amendment of the Law on Equal Treatment which incorporates the provisions of Council Directive 2000/43/EC of 29 June 2000, implementing the principle of equal treatment between persons irrespective of racial or ethnic origin; (c) The Code of Conduct of Officers of the Prison Department and Its Subordinate Institutions and the 2004 Code of Ethics for Lithuanian Police Officials, adopted by Order No. 347 of the Commissioner General of the Lithuanian Police; (d) The 2007 Concept of the Probation System in Lithuania and the plan of implementing measures for this concept; and (e) The Mental Health Strategy approved by the Seimas on 3 April 2007 and the adoption by the Government on 18 June 2008 of the State Mental Health Strategy Implementation Programme for 2008-2010. C. Principal subjects of concern and recommendations Definition of torture (5) The Committee notes the State party’s statement that under the Lithuanian Criminal Code all acts that may be described as “torture” within the meaning of article 1 of the Convention are punishable, as well as the explanation provided by the delegation in this respect. However, the Committee is concerned that the State party has not incorporated into domestic law the crime of torture as defined in article 1 of the Convention. The Committee also regrets the lack of information provided as to whether the offence of torture, which is punishable under other provisions of the Criminal Code, may in some cases be subject to a statute of limitations. The Committee is of the view that acts of torture cannot be subject to any statute of limitations (arts. 1 and 4). 51

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