(b)
The provisions of the Penal Code, article 227 (a), that provide a framework for punishment for
trafficking in human beings, and the signing of the Council of Europe Convention on Action against Trafficking in
Human Beings, in May 2005;
(c)
The enactment of laws amending the Criminal Penal Code and the establishment of a plan of action
with the aim of a more comprehensive response to violence against women and domestic violence, in particular with
respect to legal remedies and in cases of sexual offences;
(d)
(4)
The issuance of ethical rules for police concerning excessive use of physical force and verbal abuse;
The Committee again notes with satisfaction that no complaints of torture have been received from Iceland.
C. Principal subjects of concern and recommendations
Definition of torture and criminalization
(5)
While noting the explanations provided by the State party in its second and third periodic reports and in the
written replies to the list of issues with regard to the interpretation of the definition of torture and its use in domestic
criminal legislation, the Committee regrets that no change has taken place with regard to the State party’s position
not to fully incorporate the definition of torture as defined in article 1 of the Convention, nor to incorporate torture
as a specific crime into domestic criminal legislation (arts. 1 and 4).
The Committee reiterates its previous recommendation, namely that the definition of torture
according to article 1 of the Convention be introduced into Icelandic criminal legislation in order to
ensure that all elements of torture are included, and that torture be defined as a specific offence in
domestic laws. The Committee also draws the attention of the State party to its general comment No. 2
on the implementation of article 2.
Independent monitoring
(6)
The Committee notes with appreciation the information provided in the State party report and the written
replies to the list of issues that monitoring and inspection of places of detention, prisons and psychiatric facilities
can be undertaken by the Parliamentary Ombudsman on his or her own initiative and that recommendations made
based on such visits are fully taken into consideration. The Committee is, however, concerned that no legal or
administrative system of independent monitoring or inspection of such facilities, in particular of psychiatric
facilities, is in place (arts. 2 and 13).
The State party should enhance the capacity of the office of the Parliamentary Ombudsman through
appropriate human and financial resources to allow it to undertake monitoring of places of detention,
prisons and psychiatric facilities, and establish an independent monitoring and inspection system for
such facilities. The State party should also consider the possibility of establishing a national human
rights institution in accordance with the Paris Principles.
Prevention of torture and other cruel, inhuman and degrading treatment or punishment
(7)
The Committee notes with appreciation the information provided in the State party report and the written
replies concerning female and juvenile prisoners and that for practical reasons no separate prisons exist for housing
female or juvenile prisoners. The Committee emphasizes that, in the framework of prevention of torture and other
cruel, inhuman or degrading treatment or punishment, female prisoners should be separated from male prisoners and
juvenile prisoners should be in clearly distinct and separated facilities from adult prisoners (arts. 2 and 11).
59
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