(d) humanity. 3. The fact that no statute of limitation applies with respect to war crimes and crimes against Principal subjects of concern 87. The Committee is concerned that the amendments to domestic legislation do not contain any provisions for the prosecution and punishment of those guilty of the crime of torture, as required by articles 1 and 4 of the Convention. 88. The Committee is also concerned that the new Penal Code does not introduce any substantial change regarding orders of superiors when they are invoked as justification of torture. According to existing legislation, criminal responsibility of the recipient of an order is based on his awareness of the criminal nature of the command. 89. The new Penal Code does not include the "danger of exposure to torture" as one of the grounds for the refusal of extradition as is required by article 3 of the Convention. 90. The Committee notes that, in spite of the efforts of the State party, some drastic acts of aggressive behaviour by police officers continue to occur, which has resulted in death in some instances. 91. The Committee is also concerned about the persistence in the army of the practice of the so-called "fala", whereby new recruits are subjected to abuse and humiliation. 4. Recommendations 92. Although the Committee notes that the new Polish Constitution recognizes international conventions ratified by Poland to be part of the Polish legal system, it also notes that in the Polish legal system there are no provisions for making charges relating to, nor penalties applicable to, the crime of torture. Therefore, the Committee recommends that the State party introduce such legislative changes as are necessary to identify torture as a specific crime and to enable prosecutions of torture, as defined in the Convention, and the application of appropriate penalties. 93. The Committee further recommends that the Penal Code be amended to ensure that orders of superiors cannot be invoked, in any circumstances, as justification of torture. 94. The State party should introduce an effective and reliable complaint system that will allow the victims of torture and other forms of cruel, inhuman or degrading treatment or punishment to file complaints. 95. Legislative and administrative measures should be introduced to safeguard against excessive use of force by the police, in particular in connection with the supervision of public meetings and to safeguard against the persistence of abusive measures associated with the practice of so-called "fala" in the army. I. Portugal 96. The Committee considered the third periodic report of Portugal (CAT/C/44/Add.7) at its 414th, 417th and 421st meetings on 3, 4 and 8 May 2000 (CAT/C/SR.414, 417 and 421), and adopted the following conclusions and recommendations. 22