A/65/273 be very difficult for a State party to criminalize an offence, establish the corresponding jurisdiction and institute prosecution, without formulating a proper definition of torture. 38. The alignment of national legislations with the Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment is crucial for its effective implementation. Therefore, the definition of torture contained in article 1, paragraph 1, of the Convention, with all its elements (infliction of severe pain or suffering; intention and specific purpose; and involvement of a public official), must be taken into account by States when making torture an offence under domestic criminal law. 39. The Committee against Torture has been clear about the requirement to make “all acts of torture”, including acts of attempt, complicity and participation, an offence under criminal law, with penalties commensurate to the gravity of the crimes. In addition, even if not explicitly stated in the Convention, the Committee considers instances that include “instigation, consent or acquiescence”, to be covered by the terms “complicity or participation”, giving rise to individual criminal responsibility under article 4 of all public officials sufficiently involved under article 1. 40. The Convention does not explicitly provide for a specific penalty and type or extent of sentence for the offence of torture, leaving it to the discretion of the State party to decide, taking into account the grave nature of the crime. The Committee against Torture has stated on several occasions that consideration of the appropriate penalty must take into account not only the gravity of the offence but the severity of penalties established for similar crimes in each State. C. Factors contributing to impunity 41. During his fact-finding missions, the Special Rapporteur has been able to identify various factors that contribute to impunity and therefore to the persistence of torture. They include the lack of proper criminalization of torture; the absence of impartial investigations into allegations; and the lack of prosecution of perpetrators. 1. Criminalization of torture in domestic law 42. Of all the countries visited by the Special Rapporteur, only Jamaica and Papua New Guinea have not ratified the Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment. The other 15 countries have ratified the Convention and accepted the obligations contained therein, including those of making torture an offence under criminal law and establishing appropriate penalties for perpetrators. 43. However, the reality is quite different. For the general prohibition of torture to become effective, national criminal legislation should incorporate such a prohibition and make torture a punishable offence. The Special Rapporteur found instances, including in Denmark, Nigeria and Jamaica, where torture is not explicitly defined in domestic criminal law. In Nepal, for example, torture is not a criminal offence and in Indonesia, although it is defined in its Human Rights Law, there are no provisions concerning torture in the criminal legislation. 10 10-48049