Recommendation (A/HRC/4/33/Add.3) penalties commensurate with the gravity of torture. Steps taken in previous years Situation during visit (to be found in A/HRC/7/3/Add.2, Information received in the reporting (A/HRC/4/33/Add.3) A/HRC/10/44/Add.5 and A/HRC/16/52/Add.2) period with article 1 of the Conventionwhile restricting alternative and discretionary against Torture. sentencing. Courts were expressly prohibited from taking into account mitigating circumstances and from imposing suspended sentences. A/HRC/19/61/Add.3 149 Government: Article 208 of the Penal Code criminalizes any acts of torture and imposes punishments for perpetrating torture, inciting its exercise, or approval or acquiescence thereof by any official or any person acting in an official capacity. The penalties imposed on the perpetrator of this crime have been set forth under articles 208/1 and 208/3 of the Penal Code, including imprisonment for six months to three years against exercising any kind of torture to obtain confession of a crime or information in connection thereof. This penalty would be increased to temporary hard labor if the act of torture has led to illness or serious injury. Furthermore, the court may not stop the enforcement of the sentenced punishment in the crimes listed in article 208, and it may not consider extenuating circumstances. Non-governmental sources: The minimum prison sentence regarding article 208 of the penal code is three months to three years‘ imprisonment, and torture is considered a misdemeanour. (d) The special court system within The special court system did Government: Most recently, an amendment to the the security services – above all, not work effectively. The Public Security Law has been enacted, whereby a police and intelligence courts – be presumption of innocence was civil judge shall be a member of the police court abolished, and their jurisdiction be illusory, primacy was placed oncomposed of a chairperson and two members transferred to the ordinary obtaining confessions, public (three judges in total). independent public prosecutors and officials essentially - The claim that the State Security Court accepts criminal courts. demonstrated no sense of duty, ―confessions‖ allegedly obtained under torture and assumed no responsibility while in custody is an unfounded and to investigate human rights undocumented allegation. Special courts, violations against suspected including the State Security Court, are legal and