circumstances, cause physical or mental suffering or the suppression or impairment of the person’s consciousness, discernment or decision-making faculties, or inflict any other form of mental injury, is guilty of the offence of torture. The Code further stipulates that, when the offence of torture is committed by private persons, the penalties prescribed for public officials shall be reduced by one third. 76.Any person found guilty of torture shall be liable to 10 to 15 years’ imprisonment where serious harm has been caused by the torture, or to 5 to 10 years otherwise, and shall be ineligible for public office for double the term of imprisonment. These provisions are without prejudice to any penalties applicable for injury or harm to the life, physical integrity, health, sexual freedom or property of the victim or other persons. 77.In its concluding observations adopted on 14 May 2009, following consideration of the initial report of Honduras, the Committee against Torture expressed the following concern regarding article 209-A: “the Committee is concerned that the national legislation is not yet fully harmonized with the Convention, as article 209-A of the Honduran Criminal Code does not contain intimidation, or coercion of the victim or a third person and discrimination of any kind as a purpose or reason for inflicting torture. It further lacks provisions criminalizing torture inflicted at the instigation of or with the consent or acquiescence of a public official or other person acting in an official capacity. The Committee also notes that, in contravention of article 1 of the Convention, the Honduran Criminal Code allows for adjustments in the sanction depending on the pain or suffering inflicted. The Committee notes that the crimes of coercion, discrimination and ill-treatment are prohibited in other articles of the Criminal Code; it however expresses concern at the different sanctions provided for those crimes.” The Committee recommended that the State party should bring the provision into line with article 1 of the Convention. 78. The Subcommittee points out that the discrepancy between the definition of torture contained in the Criminal Code and that contained in article 1 of the Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment creates a loophole for impunity. As such, it recommends the early adoption of the legislative measures necessary to rectify that discrepancy. B.Institutional context 79.Many State and civil society institutions in Honduras are concerned with human rights issues. Nevertheless, the Subcommittee ascertained that the combined action of these bodies has not achieved the desired effect of preventing torture and ill-treatment. This situation, together with the serious shortcomings noted by the Subcommittee in everyday practices that breach national and international human rights standards, has led to a serious dearth of preventive measures. 80.The Subcommittee cannot but note that the disruption of institutional continuity which occurred on 28 June 2009 accentuated preexisting institutional weaknesses in its area of concern. Problems of legal ambiguity, vagueness and weakness have become more acute, as have shortcomings in institutional practices — involving the police, the armed forces, the Public Prosecutor’s Office, the public defence system, the judiciary and the Office of the National Commissioner for Human Rights (CONADEH) — which consequently reduced the ability of public and private institutions alike to defend citizens. This institutional weakening facilitated the unlawful repression of political and social protest against the de facto authorities during the Subcommittee’s visit. The rule of law undoubtedly offers the best framework for effective prevention of torture and other cruel, inhuman or degrading treatment or punishment. 81.The Subcommittee notes in this context a discernible exacerbation of systemic defects, which are reflected in habitual abusive practices. It therefore calls for the adoption of preventive measures at various levels by the respective authorities. A range of abuses or irregular practices — which, when viewed individually, might not be extremely serious — render the population disturbingly vulnerable, especially vis-à-vis the preventive police or police detectives, when practised concurrently, cumulatively or persistently. 82.It is essential to establish a solid structure for the prevention of torture. Many of the current difficulties — including practices conducive to torture and ill-treatment — are systemic or inherited from the past. In some cases, such practices reveal the persistence in some State institutions of a tendency to abdicate responsibility for the vital task of defending human dignity, a trend that has worsened since the aforementioned disruption of institutional continuity. Above all, there is an urgent need introduce into police, judicial and administrative practices new standards of behaviour in place of ingrained authoritarianism, a legacy that, as the Subcommittee noted, still has a marked influence on the treatment of persons deprived of their liberty. To that end it is essential to ensure at the very highest echelons of the State party that preventive measures are taken, at the various operational levels with responsibilities in this regard, to deal with the existing situation. 83. The Subcommittee recommends that the highest authorities publicly declare that they repudiate torture and are committed to its eradication and to the implementation of a national preventive system. 84.In its comments on the Subcommittee’s preliminary observations, the Office of the Attorney-General agreed with this recommendation. It also pointed out that systemic shortcomings were not the fault of the State of Honduras, but to problems in education and culture that could be remedied and improved, and that the lack of preventive measures should be resolved by means of appropriate instruments. 85.For its part, the Ministry of Security proposed creating a national strategy for education against torture, through both formal and informal education. The Ministry noted that in many respects Honduran society was founded on intolerance, machismo and violent practices which could not be countered or swept away simply by pronouncements by senior officials. Such pronouncements had become commonplace, taking the form of speeches, legislation, and the ratification of treaties, yet these customs continued to prevail. Other, more effective measures are now required to change Honduran society. Public officials are first citizens and second public officials, and they tend to reproduce the values and customs they have been taught in the home, at school and at work. 86. The Subcommittee recommends that the authorities should work with civil society to devise a strategy to raise awareness at all levels of society on the prohibition of the use of violence to resolve conflicts of any kind.