(f) The enactment of Guidelines in 2003 by the Ministry of Home Affaires which stipulate standards for the interrogation of suspects and the treatment of persons in custody; and (g) The creation of the Zambia Police Forensic Laboratory, available to officers in Lusaka, which offers police investigators qualitative scientific methods of investigating crime rather than relying on confession statements. B. Subjects of concern and recommendations Definition of torture (4) The Committee reiterates its concern expressed in its previous conclusions and recommendations (A/57/44, para. 64) with regard to the fact that the State party has neither incorporated the Convention into its legislation nor introduced corresponding provisions in respect of several articles, in particular: (a) The definition of torture (art. 1); (b) The criminalization of torture (art. 4); (c) The prohibition of cruel, inhuman or degrading treatment in the penal system (art. 16); (d) Recognition of torture as an extraditable offence (art. 8); (e) Systematic review of interrogation rules (art. 11); (f) Jurisdiction over acts of torture, including those committed abroad (art. 5). The Committee reiterates its previous recommendations and urges the State party to speedily incorporate the Convention into its legal system and include in its criminal legislation and other provisions criminalizing acts of torture a definition of torture, that covers all the elements contained in article 1 of the Convention and appropriate penalties which take into account the grave nature of such acts. Absolute prohibition of torture (5) The Committee is concerned that article 25 of the State party’s Constitution does not clearly stipulate the absolute prohibition of torture regardless of state of war or public emergency (art. 2). The State party should incorporate in its Constitution and other laws the principle of an absolute prohibition of torture whereby no exceptional circumstances whatsoever may be invoked to justify it. Non-refoulement and extradition (6) The Committee welcomes the cooperation between the State party and UNHCR which aims to strengthen the State party’s capacity to protect refugees and notes with appreciation the positive steps already taken by it to recognize the need to replace the 1970 Refugees Control Act by a revised Refugee Bill. It is concerned, however, that the Refugee Control Act currently in force, does not explicitly provide for protection against non-refoulement and that the current expulsion, return and extradition procedures and practices may expose individuals to the risk of torture (art. 3). The State party should ensure that the new Refugee Bill and the Immigration and Deportation Act fully comply with article 3 of the Convention. The State party should also provide the Committee with detailed information on cases of denial of extradition, return or expulsion due to the risk that the person might be subjected to torture, ill-treatment or the death penalty upon return. 85

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