A/66/44 (6) The Committee also welcomes efforts being made by the State party to amend its policies in order to ensure greater protection of human rights and give effect to the Convention, including: (a) The announcement of a “zero tolerance for torture” on 10 December 2003; (b) The preparation of a Second National Action Plan in the Fight against Trafficking; (c) The standing invitation extended to United Nations special procedures mechanisms and the State party’s acceptance of visits by the Special Rapporteur on the promotion and protection of human rights and fundamental freedoms while countering terrorism (2006), the Working Group on Arbitrary Detention (2006), and the Special Rapporteur on violence against women, its causes and consequences (2008); (d) The commitment by the State party to ratify the Optional Protocol to the Convention, which it signed in 2005, and to establish a national preventive mechanism in consultation with representatives of civil society, which will be part of a national human rights institution to be established in accordance with the principles relating to the status of national institutions for the promotion and protection of human rights (Paris Principles). C. Principal subjects of concern and recommendations Torture and impunity (7) The Committee is gravely concerned about numerous, ongoing and consistent allegations concerning the use of torture, particularly in unofficial places of detention, including in police vehicles, on the street and outside police stations, notwithstanding information provided from the State party that combating torture and ill-treatment has been a “priority item” and while noting the reported decrease in the number of reports on torture and other forms of cruel, inhuman or degrading treatment and punishment in official places of detention in the State party. The Committee is furthermore concerned by the absence of prompt, thorough, independent and effective investigations into allegations of torture committed by security and law enforcement officers which are required by article 12 of the Convention and at the pattern of failure to conduct these. It is also concerned that many law enforcement officers found guilty of ill-treatment receive only suspended sentences, which has contributed to a climate of impunity. In this respect, it is a matter of concern to the Committee that prosecutions into allegations of torture are often conducted under article 256 (“excessive use of force”) or article 86 (“intentional injury”) of the Penal Code, which prescribe lighter sentences and the possibility for suspended sentences, and not under articles 94 (“torture”) or 95 (“aggravated torture due to circumstances”) of the same Code (art. 2). The State party should take immediate measures to end impunity for acts of torture. In particular, the State party should ensure that all allegations of torture are investigated promptly, effectively and impartially. In connection with prima facie cases of torture and ill-treatment, the State party should ensure that the alleged suspect is subject to suspension or reassignment during the process of investigation, to avoid any risk that he or she might impede the investigation or continue any impermissible actions in breach of the Convention. The State party should also ensure that guidelines are in place to determine when articles 256 and 86 of the Penal Code will be required to prosecute ill-treatment instead of article 94. Further, the State party should immediately establish effective and impartial mechanisms to conduct effective, prompt and independent investigations into all allegations of torture and illtreatment, and ensure that perpetrators of torture are prosecuted under article 94 (“torture”) and 95 (“aggravated torture”) so as to ensure that torture is punished by appropriate penalties as required by article 4 of the Convention. GE.11-45568 65