A/69/44 C. Principal subjects of concern and recommendations Definition and criminalization of torture (6) While noting the efforts undertaken by the State party to bring its legislation in the area of torture prevention into compliance with the Convention and international standards, the Committee remains concerned that legislation is not yet fully harmonized with the Convention, in view of the limited scope of the definition of torture and lenient penalties for the crime of torture under article 167 of the Criminal Code, amended in 2010. The Criminal Code does not fully reflect all elements of the definition in article 1 of the Convention, which includes pain or suffering inflicted by or at the instigation of or with the consent or acquiescence of a public official or other person acting in an official capacity (arts. 1 and 4). The State party should revise the legislation: (a) To adopt a definition of torture that covers all the elements contained in article 1 of the Convention; (b) To ensure that penalties for torture are commensurate with the gravity of this crime, as required under article 4, paragraph 2, of the Convention; (c) To ensure that the absolute prohibition on torture is non-derogable and that acts amounting to torture are not subject to any statute of limitations. Fundamental legal safeguards (7) The Committee is concerned that, in practice, persons deprived of their liberty are not always afforded all fundamental legal safeguards from the very outset of their deprivation of liberty, including the right to have access to an independent lawyer and an independent doctor of their choice, and to contact a relative. The Committee expresses its concern at the requirement for an order by the public prosecutor prior to medical examinations of arrested and detained persons being carried out, under article 268 of the Criminal Procedure Code (art. 2). In the light of the Committee’s general comment No. 2 on the implementation of article 2 by States parties, the State party should take all necessary measures to ensure that all persons deprived of their liberty are afforded, in law and in practice, fundamental legal safeguards from the very outset of deprivation of liberty, including the right of access to an independent lawyer and to an independent doctor, preferably of their own choice, without conditioning such access on the permission or request of officials, and the right to contact a relative. Legal aid (8) While welcoming the adoption in 2011 of the Law on Legal Aid, the Committee is concerned at reports that its implementation continues to be hampered and that marginalized groups, including asylum seekers and displaced persons, are often left without access to legal procedures and protection of their rights (arts. 3, 11 and 16), in view of: (a) The lack of human and financial resources and of public awareness about the Law; (b) The limited coverage of the Law, which only extends to judicial and not administrative proceedings. The State party should continue to intensify its efforts to provide an effective free legal aid system and to ensure appropriate protection and access to the legal system for vulnerable persons and groups, in particular by providing adequate resources for 130 GE.14-12596