CAT/OP/UKR/3 the 2015 human rights action plan proposes to strengthen measures against torture and illtreatment. 23. The Subcommittee welcomes the positive reforms to the legal system of Ukraine, as they are likely to help reduce the risk of torture and ill-treatment. It recommends that the State party implement the 2015 human rights action plan, including the commitments made to further develop its registry system, strengthen the national preventive mechanism and bolster the system for investigating torture and ill-treatment.3 Criminalization of torture 24. The Subcommittee remains concerned that the Criminal Code does not incorporate into Ukrainian law all elements of the crime of torture as defined by article 1 of the Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment (see CAT/OP/UKR/1, paras 18-20). In particular, the Subcommittee is concerned that article 127 of the Code, which defines the offence of torture in national legislation, fails to reflect the “public official” component of the crime; further, it restricts the definition to include only suffering as a result of physically violent acts. Moreover, the Subcommittee has been informed that acts that could amount to torture and ill-treatment under article 1 of the Convention against Torture are in practice prosecuted under articles of the Criminal Code relating to abuse of power or authority. 25. The Subcommittee reiterates its previous recommendation that provisions of the Criminal Code regarding the definition of torture should be brought into full compliance with article 1 of the Convention against Torture, thereby closing actual or potential loopholes for impunity.4 In addition, the Subcommittee recommends that the offence of torture be prosecuted under the provision relating to torture — rather than under those relating to abuse of power or authority — and that acts of torture and illtreatment be made punishable by penalties commensurate with their gravity. B. Institutional framework Positive developments 26. The Subcommittee notes that, in addition to designating the national preventive mechanism, the State party has made several other institutional changes since 2011. In May 2016, a process was in place to dissolve the penitentiary service, create a probation system and place penitentiary institutions directly under the authority of the Ministry of Justice. The Subcommittee also understands that the State party is considering transferring responsibility for penitentiary medical services to the Ministry of Health. Further, the Subcommittee commends the State party for the steps taken to renovate older detention facilities. 27. The Subcommittee welcomes reforms to the institutional framework in Ukraine that may contribute to improving the material conditions and the provision of services in places of detention. The Subcommittee recommends that the State party continue its programme of renovating ageing detention facilities and requests that it be provided with information concerning progress made in the framework of that programme. It also recommends that medical services in criminal justice institutions be placed under the authority of the Ministry of Health, as that would help to ensure that persons in detention receive health care that is of a standard equal to that received by persons not in detention and ensure the independence of prison medical services. 3 4 6 See the decree of the President of Ukraine No. 501/2015 of 25 August 2015 on approval of the national human rights strategy of Ukraine and the Action Plan on Implementation of the National Strategy in the Area of Human Rights for the Period until 2020 (ordinance of the Cabinet of Ministers No. 1393-p of 23 November 2015, appendix, “Countermeasures against torture, cruel, inhuman or degrading treatment or punishment”, pp. 14-52). See the Committee against Torture’s general comment No. 2 (2007) on the implementation of article 2, para. 9.