A/67/44
it, as it improves the cooperation between the State party and the Committee and focuses
the examination of the report as well as the dialogue with the delegation.
(3)
The Committee also appreciates the open and constructive dialogue it had with the
high-level delegation of the State party and the supplementary information supplied during
its consideration of the report although it regrets that some of its questions to the State party
were not answered. The Committee is assured that the dialogue and ensuing
recommendations will contribute to the necessary steps by the State party to comply with
the Convention in practice.
B.
Positive aspects
(4)
The Committee notes with satisfaction that the State party has ratified or acceded to
the following international instruments since the consideration of its fourth periodic report:
(a)
The United Nations Convention against Transnational Organized Crime as
well as the Protocol to Prevent, Suppress and Punish Trafficking in Persons, Especially
Women and Children, supplementing the Convention (Palermo Protocol), in January 2011;
(b)
The Optional Protocol to the Convention on the Rights of the Child on the
sale of children, child prostitution and child pornography, in February 2008.
(5)
The Committee welcomes the State party’s adoption, in 2010, of a “National Action
Plan for Migration Management” to improve the asylum procedure and conditions for the
treatment of third-country nationals irregularly entering the country, including asylum
seekers; the adoption, in November 2010, of a Presidential Decree (P.D. 114/2010)
amending the previous legislation on the asylum procedure, and setting, for a transitional
period, appropriate standards and safeguards for the fair and efficient examination of
asylum seekers; as well as the issuance, in January 2011, of a comprehensive law
(L.3907/2011) providing for the establishment of a new Asylum Service independent from
the police, to gradually take over full responsibility of asylum issues, and the establishment
of an initial Reception Service to set up Centres of Initial Reception at border locations.
(6)
The Committee notes with satisfaction that a number of other legislative initiatives
have been taken by the State party with a view to complying with the Committee’s
recommendations and improving implementation of the Convention, including in the areas
of pretrial detention, fair trial, conditions of detention, trafficking, domestic violence, etc.
(7)
The Committee appreciates the efforts made by the State party to modify its policies
and procedures so as to enhance human rights protection and implement the Convention,
including:
(a)
The establishment, as of June 2011, of a Record of Injuries to Detainees in
every prison as well as a Record of Body Searches in every women’s prison;
(b)
The creation of a special hotline, allowing prisoners to contact and be heard
by the central administration of prisons.
(8)
The Committee also notes with satisfaction that the State party has extended a
standing invitation to visit the country to all Human Rights Council special procedure
mandate holders. Since the consideration of its last periodic report, the State party has
hosted visits from three of the Council’s rapporteurs, including the Special Rapporteur on
torture and other cruel, inhuman or degrading treatment or punishment.
C.
Principal subjects of concern and recommendations
Definition of torture
(9)
The Committee notes that the State party’s criminal law punishes acts of torture
(arts. 137A and 137B) but is concerned that the current definition does not comply with the
GE.12-44492
141
Select target paragraph3
Connect to a paragraph
Connect to an entity
Disable highlights
Add to table of contents