3. Subjects of concern 128. In the criminal law of Finland there is no provision containing a specific definition of torture. 129. Under Finnish law there are no provisions specifically prohibiting the use of statements obtained under torture in judicial proceedings. The Committee considers that such a provision could constitute a strong preventive measure against acts of torture. 130. Although the abolition of preventive detention for dangerous recidivists has been applied in practice, there is no information on initiatives taken by the Finnish authorities to modify the relevant provisions in the Dangerous Recidivists Act. 131. The Committee is concerned about the absence of sufficient legal protection of the rights of persons who are denied asylum through the use of a list of safe countries in which those persons could be sent back, in the Immigration Act of Finland. 4. Recommendations 132. The Committee recommends that the State party incorporate into its legislation the definition of torture as a specific crime committed by a public official or other person in an official capacity in accordance with article 1 of the Convention, considering as insufficient the definition of assault provided in the Criminal Code of Finland. 133. The completion of the procedure for the abolition of preventive detention is also recommended. 134. The establishment of an independent agency to investigate offences allegedly committed by the police, a question that is now under consideration in Finland, is likewise considered advisable by the Committee. 135. The Committee supports the idea of the reinforcement of the Immigration Ombudsman’s Office and the establishment of an office of a special human rights ombudsman in the State party. 136. The Committee recommends that a legal protection be provided to those persons who requested asylum and who are sent back to a country included in the list of safe countries, by decision of the competent authority. Decisions on expulsion, return (refoulement) or extradition should take into account the provisions of article 3 of the Convention. 137. The Committee recommends that a special provision be incorporated into the State party’s criminal procedure, concerning the exclusion from judicial proceedings of evidence which has been established to have been obtained, directly or indirectly, as a result of torture, as provided for by article 15 of the Convention. H. China 138. The Committee considered the second periodic report of China (CAT/C/20/Add.5) at its 251st, 252nd and 254th meetings, on 3 and 6 May 1996 -22-