penal legislation of the State party and, therefore the offence of torture does not appear as punishable by appropriate penalties as required by article 4, paragraph 2 of the Convention; (b) Notwithstanding the entry into force of the Security Police Act 1993, allegations of ill-treatment by the police are still reported; (c) Potential complaints of abuse committed by police authorities may be discouraged by the provisions enabling the police to accuse of defamation a person who lodges a complaint against them; (d) Insufficient measures of protection of individuals under a deportation order, which are not in conformity with the provisions of articles 3 and 11 of the Convention, particularly as instanced by a reported case of death during the deportation procedure. 4. 50. Recommendations The Committee recommends that: (a) Austria establish adequate penal provisions to make torture as defined in article 1 of the Convention a punishable offence in accordance with article 4, paragraph 2 of the Convention; (b) Clear instructions be given to the police by the competent authorities to avoid any incidence of ill-treatment by police agents. Such instructions should emphasize that ill-treatment by law enforcement officials shall not be tolerated and shall be promptly investigated and punished in cases of violation, in accordance with the law; (c) Provisions concerning the protection of asylum seekers should fully conform with the relevant international standards, in particular, articles 3 and 11 of the Convention, both in law and practice; (d) The third periodic report of Austria, which was due in August 1996, be prepared in accordance with the Committee's guidelines and be submitted by December 2000. C. Finland 51. The Committee considered the third periodic report of Finland (CAT/C/44/Add.6) at its 397th, 400th and 402nd meetings on 11, 12 and 15 November 1999 (CAT/C/SR.397, 400 and 402) and adopted the following conclusions and recommendations. 1. Introduction 52. The Committee welcomes the third periodic report of Finland, which was submitted on time and is in full conformity with the Committee's guidelines for the preparation of periodic reports. The Committee also welcomes the fruitful and open dialogue between the experienced representatives of the State party and itself. 2. 53. Positive aspects The Committee notes with satisfaction the following: (a) The Act on the Enforcement of Sentences; (b) The amendment of the Mental Health Act and the Act on State Mental Hospitals; 12

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