MONACO* 114. The Committee considered the second periodic report of Monaco (CAT/C/38/Add.2) at its 596th, 599th and 609th meetings (CAT/C/SR.596, 599 and 609), held on 5, 6 and 13 May 2004, and adopted the following conclusions and recommendations. A. Introduction 115. The Committee welcomes with satisfaction the second periodic report of Monaco, which is broadly consistent with the Committee’s general guidelines. It notes, however, that the report was submitted five years late and contains little specific information on how the Convention is being implemented. It is pleased that the State party sent a high-level delegation which provided clear answers to the questions put to it and evinced a spirit of frank cooperation. B. Positive aspects 116. The Committee notes with satisfaction: (a) (b) Europe; The absence of any allegations that the State party has violated the Convention; The fact that the State party is currently becoming a member of the Council of (c) The reform of the Criminal Code and the Code of Criminal Procedure to bring them into line with European human rights standards; (d) The contributions made every year since 1994 to the United Nations Voluntary Fund for Victims of Torture. C. Subjects of concern 117. The Committee expresses concern about: (a) The lack of a definition of torture in criminal law that covers all the constituent elements contained in article 1 of the Convention; (b) The lack of any provision expressly prohibiting the invocation of exceptional circumstances or orders from a superior officer or a public authority as a justification for torture; (c) The weakness of the safeguards associated with the expulsion and return (refoulement) of foreigners, inasmuch as there appears to be no clause on non-refoulement in Monaco’s domestic law that meets the requirements of article 3 of the Convention and appeal to the Supreme Court does not automatically have suspensive effect; * Also published as CAT/C/SR/32/1. 56