A/68/44 (e) The launching in 2009 of the programme funded by the European Fund for the Integration of Third-Country Nationals to offer language courses for all persons “with undetermined citizenship” or citizens of third countries; (f) The operation since 2008 by the Estonian Women’s Shelters Union of the nationwide free helpline for women experiencing violence; (g) The adoption on 14 December 2007 of an Integration Strategy and of the State Integration Programme for 2008–2013; (h) The operation since 2004 of a helpline for the prevention of human trafficking and for counselling, financed since 2006 by the Ministry of Social Affairs and run by Living for Tomorrow, a non-governmental organization. C. Principal subjects of concern and recommendations Definition of torture (7) While taking note of the delegation’s assertion that Estonia intends to amend its Penal Code to bring it in line with the Convention, and recalling its previous concluding observations (para. 8), the Committee is concerned that the definition of torture in section 122 of the Penal Code does not reflect all of the elements contained in article 1 of the Convention, such as infliction of mental pain (arts. 1 and 4). The Committee recommends that the State party amend its Penal Code to include a definition of torture in conformity with the Convention which covers all the elements contained in article 1 of the Convention. Penalties for acts of torture (8) Recalling its previous concluding observations (para. 13), the Committee is concerned that the penalty in the Penal Code for acts of torture of up to five years of imprisonment is not commensurate with the grave nature of the crime. It is also concerned by the discrepancy between the penalties for torture and those for trafficking in human beings, which is also a form of torture, of up to 15 years’ imprisonment, and that sentences served for acts of torture are usually of approximately one-and-a-half years according to the representatives of the State party (arts. 2 and 4). The Committee recommends that the State party amend its Penal Code to include penalties for acts of torture which take into account their grave nature, in accordance with article 4, paragraph 2, of the Convention and taking into consideration the Committee’s general comment No. 2. Fundamental legal safeguards for persons deprived of their liberty (9) The Committee is concerned that persons deprived of their liberty may not enjoy all fundamental legal safeguards against torture and ill-treatment from the very outset of their detention, in particular the right to a lawyer and the right to inform a person of their own choice. It is also concerned by reports that detention registers in police stations are not always kept in a regular manner (arts. 2, 12, 13 and 16). The State party should: (a) Take effective measures to guarantee that all persons deprived of their liberty are afforded, by law and in practice, all the fundamental legal safeguards from the outset of their detention, namely, the rights to be informed of the reasons for their arrest and of the charges against them; to be informed of their rights; to have prompt access to an independent lawyer and, if necessary, to legal aid; to inform a person of their own choice; to receive a medical examination by an independent doctor, if possible, a doctor of their choice; to be brought before a judge without delay; and to GE.13-46043 105

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