(c)
The Optional Protocol to the Convention on the Elimination of All Forms of Discrimination against
Women, on 24 April 2003; and
(d)
The Optional Protocol to the Convention on the Rights of the Child on the involvement of children in
armed conflict, on 20 February 2003.
(4)
Furthermore, the Committee welcomes the ratification of the Optional Protocol to the Convention,
on 14 September 2005, and the recent visit of the Subcommittee on Prevention of Torture (SPT) to Sweden
from 10 to 14 March 2008.
(5)
The Committee notes with satisfaction the ongoing efforts at the State level to reform its legislation, policies
and procedures in order to ensure better protection of human rights, including the right not to be subjected to torture
and ill-treatment, in particular:
(a)
The amendment of the Swedish Aliens Act in 2006, which introduces a new appeal system, includes
an explicit provision on non-refoulement and provides for the granting of refugee status to persons claiming fear of
persecution on grounds of gender and sexual orientation;
(b)
The adoption of new legislation on fundamental safeguards, including access to a lawyer and
notification of custody that entered into force on 1 April 2008 (Law No. 2008:67);
(c)
The adoption of a national human rights plan of action for the period 2006-2009;
(d)
The adoption, in November 2007, of the action plan to combat men’s violence against women,
violence and oppression in the name of honour and violence in same-sex relationships (Govt. Comm. 2007/08:39);
(e)
The common Action Plan developed by the Border Control Police, the Migration Board and the
Social Services which aims to minimise the risks of unaccompanied asylum-seeking children disappearing and
becoming victims of trafficking.
(6)
The Committee commends the State party for its commitment to international human rights obligations, in
particular the clear and unequivocal stance that the prohibition of torture and other cruel, inhuman or degrading
treatment or punishment is absolute.
(7)
The Committee notes with satisfaction that the Government has allocated additional resources to the Prison
and Probation Administration to create better facilities, both in prisons and remand prisons, and to build a number of
new prisons and remand prisons to increase their capacity.
(8)
The Committee notes with appreciation that the State party is continuously reviewing and analysing its
compliance with international human rights obligations through commissions and studies established for such
purpose and the appointment of special investigators.
C. Principal subjects of concern and recommendations
Definition of torture
(9)
Notwithstanding the State party’s assertion that under the Swedish Criminal Code all acts that may be
described as “torture” within the meaning of article 1 of the Convention are punishable, the Committee regrets that
the State party has not changed its position with regard to the incorporation into domestic law of the crime of torture
as defined in article 1 of the Convention (arts. 1 and 4).
The State party should incorporate into domestic law the crime of torture and adopt a definition of
torture that covers all the elements contained in article 1 of the Convention. By naming and defining
the offence of torture in accordance with the Convention as distinct from other crimes, the Committee
considers that States parties will directly advance the Convention’s overarching aim of preventing
torture, inter alia, by alerting everyone, including perpetrators, victims, and the public, to the special
gravity of the crime of torture and by improving the deterrent effect of the prohibition itself.
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