CAT/C/PRY/CO/4-6
compensation imprescriptible, and Act No. 3603 of 2008, authorizing their children to
claim that compensation;
(d)
The establishment, by Decree No. 2225 of 2003, of the Truth and Justice
Commission to investigate human rights violations committed by agents of the State or
parastatal bodies between 1954 and 2003, and its operationalization in August 2004;
(e)
Decision No. 195 of 5 May 2008 of the Constitutional Division of the
Supreme Court, ruling that criminal proceedings and sentences for crimes of torture are
imprescriptible.
9.
The Committee also welcomes the efforts made by the State party to modify its
policies and procedures so as to enhance human rights protection and implement the
Convention, especially:
(a)
The establishment, by Decree No. 4674 of 9 July 2010, of the National
Commission for Prison Reform, as a forum for technical discussion and help in formulating
a plan to redefine the treatment of persons deprived of their liberty and to review prison
management;
(b)
The establishment, by Decree No. 2290 of 2009, of the Human Rights
Network of the Executive Branch to coordinate human rights policies, plans and
programmes;
(c)
The publication in August 2008 of the final report, Anivé Haguä Oiko (Lest it
happen again), of the Truth and Justice Commission, with the outcome of investigations
into human rights violations in Paraguay in the period 1954–2003;
(d)
The establishment, by Decree No. 5093 of 2005, of the Inter-Agency Board
on Trafficking in Persons in the Republic of Paraguay to draw up public policy on that
activity;
(e)
The appointment, by Resolution No. 768 of the Chamber of Deputies in
October 2001, of an ombudsman, whose office now has branches in a number of
Paraguayan cities;
(f)
The preparation by the State party, following a participatory process, of a
national action plan for human rights.
C.
Principal subjects of concern and recommendations
Definition and offence of torture
10.
The Committee notes that a bill has been drafted to amend the current legal
definition of torture. However, it regrets that, despite its own previous recommendations
and those of various regional and international human rights mechanisms, the offence of
torture is still not defined in the State party’s Criminal Code in accordance with the
definition in article 1 of the Convention (arts. 1 and 4).
The Committee reiterates its earlier recommendation (A/55/44, para. 151) that the
State party should adopt a definition of torture that covers all the elements contained
in article 1 of the Convention. The State party should also ensure that such offences
are punishable by appropriate penalties which take into account their grave nature, in
accordance with article 4, paragraph 2, of the Convention.
Fundamental legal safeguards
11.
The Committee is concerned that many of the human rights of persons deprived of
their liberty, including minors, as set out in Paraguayan legislation, are not observed in
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