A/68/44 A. Introduction (2) The Committee welcomes the submission of the second periodic report by the State party, which follows the general guidelines regarding the form and contents of periodic reports. Nonetheless, it regrets the lack of response to the questions identified under the follow-up procedure. (3) The Committee also appreciates the frank and open dialogue it had with the highlevel delegation of the State party, the submission of written replies to the list of issues (CAT/C/TJK/Q/2/Add.1), and the additional information provided orally by the delegation. B. Positive aspects (4) The Committee welcomes the legislative measures taken during the period under review, including: (a) Code of Administrative Procedure adopted in March 2007; (b) Code of Criminal Procedure, adopted in March 2008 to introduce remand hearing and to transfer the power to authorize pretrial detention from Prosecutors to judges; (c) Human Rights Commissioner Act adopted in March 2008 and the appointment of the first Human Rights Commissioner (Ombudsman), in May 2009; (d) Code of Administrative Offences adopted in December 2008; (e) Amendments to the Constitutional Act on the Constitutional Court adopted in July 2009 to expand the power and jurisdiction of the Constitutional Court. (5) The Committee further welcomes: (a) The moratorium on the death penalty declared in 2004 and the establishment of a Working Group in April 2010 to consider the removal of the death penalty from the Criminal Code and the possibility of ratifying the Second Optional Protocol to the International Covenant on Civil and Political Rights; (b) The visit undertaken by the Special Rapporteur on torture and other cruel, inhuman or degrading treatment or punishment in May 2012. C. Principal subjects of concern and recommendations Definition of and sanctions for torture (6) While the Committee welcomes the incorporation of article 143-1 into the Criminal Code to bring the definition of torture fully in line with article 1 the Convention, it expresses concern that the sanctions envisaged of five years imprisonment or less for firsttime offenders of torture are not commensurate with the gravity of the crime (arts. 1 and 4). The Committee recommends that the State party amend article 143-1 of the Criminal Code to ensure that sanctions for the offence of torture reflect its grave nature, as required by article 4 of the Convention. Amnesty Law (7) The Committee is deeply concerned that the 2011 Law on Amnesty grants a rather wide discretion to prosecutorial bodies to commute, reduce or suspend sentences of persons convicted of torture, including the case of three police officers convicted for their involvement in the death in custody of Ismoil Bachajonov (art. 2). The State party should ensure that the Law on Amnesty contain clear provisions stipulating that no person convicted for the crime of torture will be entitled to benefit from amnesties, and that such prohibition is strictly complied with in practice. 76 GE.13-46043