A/68/44 (b) The Convention on the Rights of Persons with Disabilities and the Optional Protocol thereto (April 2009); (c) The Rome Statute of the International Criminal Court (April 2012). (5) The Committee welcomes the measures taken by the State party to amend its legislation on matters related to the Convention, particularly: (a) The adoption of the Prisons Act (Legislative Decree No. 33-2006); (b) The adoption of the Act on Femicide and Other Forms of Violence against Women (Legislative Decree No. 22-2008); (c) The adoption of the Act on Criminal Jurisdiction in High-risk Trials (Legislative Decree No. 21-2009), as amended by Legislative Decree No. 35-2009; (d) The adoption of the Act on Strengthening the Criminal Prosecution System (Legislative Decree No. 17-2009); (e) The adoption of the Act against Sexual Violence, Exploitation and Trafficking in Persons (Legislative Decree No. 9-2009). (6) The Committee also welcomes the State party’s efforts to modify its policies and procedures so as to afford greater protection for human rights and to apply the Convention, particularly: (a) The establishment in 2008 of the Unit for the Analysis of Attacks on Human Rights Defenders, and the decision to renew its mandate in 2012; (b) The signing, on 12 December 2006, of the agreement between the State party and the United Nations on the establishment of the International Commission against Impunity in Guatemala, and the subsequent ratification of the agreement by Congress (Legislative Decree No. 35-2007); (c) The establishment of rota criminal courts. (7) The Committee notes with satisfaction that the State party has extended a standing invitation to all special procedures mandate holders of the Human Rights Council to visit the country. In this connection, the Committee notes that the State party has agreed to the request for a visit by the Special Rapporteur on torture and other cruel, inhuman or degrading treatment or punishment and encourages it to take the necessary steps to enable the visit to go ahead in 2013. C. Principal subjects of concern and recommendations Definition and offence of torture (8) The Committee notes with concern that the definition of the offence of torture set out in the State party’s Criminal Code has not yet been brought into line with the provisions of the Convention in spite of the Committee’s previous recommendations and Constitutional Court resolution 18-22 of 17 July 2012. In this respect, it notes that the State party intends to adjust its legislation as indicated by the delegation during the dialogue with the Committee (arts. 1 and 4). The Committee reiterates its previous recommendation (CAT/C/GTM/CO/4, para. 10) and urges the State party to amend, as a matter of priority, the relevant provisions of the Criminal Code, particularly articles 201 bis and 425, in order to legally define torture in accordance with article 1 of the Convention, and criminalize it in accordance with article 4, paragraph 2, of the Convention. The Committee also recommends that the State party ensure that acts of torture are not subject to any statute of limitations. GE.13-46043 113

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