CAT/C/BDI/CO/2 Universal jurisdiction 17. The Committee is concerned about the implications of the provisions contained in article 10 of the new Criminal Code in the light of the State party’s explanation thereof in paragraphs 51 and 52 of its report. According to those provisions, anyone committing acts of torture abroad, whether of Burundian nationality or not, will be prosecuted for his or her acts in Burundi only if torture is a criminal offence in the country where the acts occurred. The Committee draws the attention of the State party to its obligations under article 5 of the Convention (art. 5). The State party should amend its Criminal Code in order to ensure that Burundian courts have jurisdiction to try anyone for an act of torture committed in a third country, regardless of whether that country has made torture a criminal offence or not. The State party should also enact legislation giving its courts universal jurisdiction over torture. Redress and rehabilitation for victims of torture 18. While taking note of the fact that article 289 of the new Code of Criminal Procedure provides for the compensation of victims of torture, the Committee expresses its concern at the failure to apply this provision, in violation of article 14 of the Convention (art. 14). The State party should establish the legislative and structural framework necessary for ensuring that victims of torture receive full compensation, in accordance with article 14 of the Convention and as set out in the Committee’s general comment No. 3. Mechanism for monitoring places of deprivation of liberty 19. The Committee is concerned at the delay in setting up or designating a national preventive mechanism against torture, as required under the Optional Protocol to the Convention against Torture and other Cruel, Inhuman or Degrading Treatment or Punishment (art. 11). The State party should initiate a participatory and inclusive process to designate or set up an independent and effective national preventive mechanism against torture as soon as possible, in accordance with the guidelines established by the Subcommittee on Prevention of Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment. The State party should ensure that the mechanism has the necessary human and financial resources for it to operate effectively and independently. The State party should also ensure that civil society organizations enjoy free access to places of deprivation of liberty and can make recommendations to the authorities. Independent National Human Rights Commission 20. While welcoming the efforts made by the State party in establishing the Independent National Human Rights Commission in 2011 on a solid legal basis that gives it broad powers, the Committee is concerned because the independence and credibility of this national institution are being threatened by the failure to establish a participatory, transparent process for renewing the Commission’s membership. The Committee also notes with regret the insufficient resources placed at the Commission’s disposal (arts. 2, 4, 10, 11 and 12). The State party should ensure the full independence and credibility of the Independent National Human Rights Commission, in particular by establishing a fair and transparent procedure for renewing the Commission’s membership. The Committee also encourages the State party: (a) to pursue its efforts to provide the Commission with the financial, human and material resources needed to allow it to 6 GE.14-24205