(d) Transfer of the authority to issue arrests warrants from the prosecutor’s office to the courts (8 August 2005); (e) Order No. 40, which instructs prosecutors to apply the provisions under the Convention and applicable national laws directly; (f) The Supreme Court’s directives to prohibit the introduction of evidence, including testimonies, obtained under torture, resulting in courts referring “numerous criminal cases back for further investigation after evidence had been found inadmissible”; (g) Steps to implement the Plan of Action of 9 March 2004 on the adoption of the recommendations of the Committee against Torture (CAT/C/CR/28/7) following consideration of the second periodic report, and the information provided by the delegation of the State party that a similar plan will be adopted to continue efforts to realize the present concluding observations; (h) Increase in the number of registered complaints of torture to the Ministry of Internal Affairs by 57 per cent, which according to the State party “is a sign of increased confidence in the internal affairs authorities”; (i) Preparation and distribution to all detainees of a pamphlet prepared jointly with the American Bar Association to inform detainees of their rights; (j) (4) Reduction in crowding of prisoners in places of detention. The Committee also notes the following: (a) Ratification of the United Nations Convention against Transnational Organized Crime; and (b) Ratification of the Convention for the Suppression of the Traffic in Persons and of the Exploitation of the Prostitution of Others. C. Main subjects of concerns and recommendations Prosecution of torture as an offence (5) While the Committee acknowledges the efforts made to amend legislation to incorporate the definition of torture of the Convention into domestic law, it remains concerned that in particular the definition in the amended article 235 of the Criminal Code restricts the prohibited practice of torture to the actions of law enforcement officials and does not cover acts by “other persons acting in an official capacity”, including those acts that result from instigation, consent or acquiescence of a public official and as such does not contain all the elements of article 1 of the Convention. The Committee reiterates its previous recommendation that the State party take measures to adopt a definition of torture so that all the elements contained in article 1 of the Convention are included. The State party should ensure that persons who are not law enforcement officials but who act in an official capacity or with the consent or acquiescence of a public official can be prosecuted for torture and not merely, as stated, charged with “aiding and abetting” such practices. Widespread torture and ill-treatment (6) The Committee is concerned about: (a) Numerous, ongoing and consistent allegations concerning routine use of torture and other cruel, inhuman or degrading treatment or punishment committed by law enforcement and investigative officials or with their instigation or consent, often to extract confessions or information to be used in criminal proceedings; 34