149. The Committee is concerned also about the following: (a) The failure to incorporate the crime of torture into the domestic legal system, in terms consistent with the definition contained in article 1 of the Convention; (b) The organizations circumstances resolution by claims drawn to the attention of the Committee by non-governmental that torture occurs in China in police stations and prisons in that very often do not result in investigation and proper the authorities; (c) The claims made by some non-governmental organizations that the Procuratorate has yet to establish its authority over the police, security and prison services when dealing with allegations of torture and cruel, inhuman or degrading treatment or punishment; (d) The fact that some methods of capital punishment may be in breach of article 16 of the Convention; (e) The claims made by non-governmental organizations that the special environment that exists in Tibet continues to create conditions that result in alleged maltreatment and even death of persons held in policy custody and prisons; (f) The failure to provide access to legal counsel to persons at the earliest time of their contact with the authorities. Allegations are made by some non-governmental organizations that incommunicado detention is still prevalent in China; (g) The important number of deaths reported to the Committee, apparently arising out of police custody. 5. Recommendations 150. The Committee recommends to the State party the following: (a) China should enact a law defining the crime of torture in terms consistent with article 1 of the Convention; (b) A comprehensive system should be established to review, investigate and effectively deal with complaints of maltreatment, by those in custody of every sort. If the Procuratorate is the body that carries out the investigations, it should be given the necessary jurisdiction to carry out its functions, even over the objections of the organ that it is investigating; (c) The methods of execution of prisoners sentenced to death should be brought into conformity with article 16 of the Convention; (d) Conditions in prisons should be brought into conformity with article 16 of the Convention; (e) Access to legal counsel should be granted to all those detained, arrested or imprisoned as a matter of right and at the earliest stage of the process. Access to the family and to a medical doctor should also be accommodated; -24-