E/CN.4/2001/66/Add.2 page 64 76 As far as the term “systematic” is concerned, the Special Rapporteur is guided by the definition used by the Committee against Torture: “The Committee considers that torture is practised systematically when it is apparent that torture cases reported have not occurred fortuitously in a particular place or at a particular time, but are seen to be habitual, widespread and deliberate in at least a considerable part of the territory of the country in question. Torture may in fact be of a systematic character without resulting from the direct intention of a Government. It may be the consequence of factors which the Government has difficulty in controlling, and its existence may indicate a discrepancy between policy as determined by the central Government and its implementation by the local administration. Inadequate legislation which in practice allows room for the use of torture may also add to the systematic nature of this practice” (A/48/44/Add.1, para. 39). 77 Article 331 of the Penal Code.