CAT/C/KWT/CO/3 contained in article 1 of the Convention, including its mental and psychological aspects, should be incorporated into the penal domestic law as a distinct crime. It draws the State party’s attention to paragraph 11 of its general comment No. 2 (2007) on the implementation of article 2 by States parties, which underscores the preventive effect of having the crime of torture defined as an offence in its own right. 9. The State party should revise its national legislation to ensure torture are offences under criminal law and that they are punishable commensurate with the gravity of this crime, as required by article Convention and promised by its delegation during the consideration of report of Kuwait in May 2011 (see CAT/C/SR.989, paras. 7 and 68). that acts of by penalties 4 (2) of the the previous Fundamental legal safeguards 10. The Committee is concerned that detained persons do not enjoy, in practice, all the fundamental legal safeguards from the very outset of their deprivation of liberty, in particular after being arrested by the police. It is also concerned at reports that contacting a lawyer and contacting a family member may be mutually exclusive (art. 2 (1)). The Committee is also concerned at the absence of information about measures to guarantee, in Kuwait, the absolute prohibition of torture in all its legal and other provisions against terrorism, including the new draft law on terrorism offences, in conformity with article 2 (2 and 3) of the Convention. 11. The State party should take effective measures to guarantee that all detained persons are afforded in practice all the fundamental legal safeguards from the outset of their deprivation of liberty, in accordance with international standards, including: (a) To be informed about the charges against them and about their rights, both orally and in writing, in a language that they understand, and to sign a paper confirming that they have understood the information provided to them; (b) To have their detention recorded in a register immediately after arrest; (c) To notify a family member or any other person of their own choice of their detention immediately after apprehension and, in parallel, to be able to contact a lawyer without the permission of the investigator and before seeing a judge; (d) To have immediate access to an independent medical examination, free of charge or by a doctor of their own choice at their own charge, and to have the doctor’s findings brought to the attention of the competent authority. 12. In addition, the State party should include in its legal and other provisions against terrorism a clear statement that torture is absolutely prohibited in all circumstances and cannot be invoked as a justification of a superior order. Torture and ill-treatment 13. The Committee is concerned at consistent reports of torture and ill-treatment, in particular during prolonged detention of persons by the police and security forces, in response to terrorist activities, as well as in relation to peaceful protests by human rights defenders and members of minorities. It is further concerned that such practices are often not sufficiently investigated or sanctioned by relevant authorities (arts. 12 and 16). 14. The State party should: (a) Publicly condemn the use of torture and ill-treatment with the clear message by the highest State authority that it will not be tolerated and that those responsible will be held to account; 3