2. 72. Positive aspects The Committee notes with satisfaction the following: (a) The continuing efforts to establish a legal framework based upon universal human values to safeguard fundamental human rights, including freedom from torture and other cruel, inhuman or degrading treatment or punishment; (b) The suspension of the death penalty for a period of two years and its application only to a few serious offences, in any event; (c) The repeal of the "supervisory" role of the procurator in a criminal trial; (d) The provisions of the new Code of Criminal Procedure permitting a detained person access to the lawyer of his choice from the moment of detention and obliging the investigating officer to notify the detained person's family of his arrest from the moment of arrest; (e) Appointment of a special procurator to inspect isolation centres and detention centres with a view to ensuring their conformity to proper standards vis-à-vis the inmates; (f) Convention; The prosecution of various persons for conduct that would be regarded as breaches of the (g) The creation of the National Commission for Human Rights, which has a broad mandate to examine and advance human rights conditions in Kyrgyztan, including investigating power in individual cases and monitoring of conditions in prisons; (h) The educational initiatives of the State party to ensure that its criminal justice personnel properly understand their human rights obligations. 3. 73. The Committee takes note of the transition problems currently faced by the State party. 4. 74. Factors and difficulties impeding the application of the provisions of the Convention Subjects of concern The Committee expresses its concern about the following: (a) The absence of a definition of torture as provided in article 1 of the Convention in the penal legislation currently in force in the State party, with the result that the specific offence of torture is not punishable by appropriate penalties as required by article 4, paragraph 2, of the Convention; (b) The numerous and continuing reports of allegations of torture in breach of article 1 of the Convention; and other cruel, inhuman or degrading treatment or punishment (sometimes involving children) by law enforcement personnel, contrary to article 16 of the Convention; (c) Although the State party has responded in some instances, there is an apparent failure generally to provide prompt, impartial and full investigation into allegations of torture and cruel, inhuman or degrading treatment or punishment, as well as a failure generally to prosecute, where appropriate, the alleged perpetrators; (d) The insufficient guarantees for independence of the judiciary, particularly in respect of renewable-term appointments made by the President; (e) The use of amnesty laws that might extend to torture in some cases. 18