Inadequate protection against rape and other forms of sexual violence, which are allegedly frequently used as forms of torture or illtreatment. The Committee further expresses its concern at the fact that the new Military Penal Code does not expressly exclude sexual offences from the jurisdiction of the military courts; The fact that the military courts are allegedly still, despite the promulgation of the new Military Penal Code and the Constitutional Court’s decision of 1997 that crimes against humanity did not fall within the jurisdiction of the military courts, investigating offences that are totally excluded from their competence, such as torture, genocide and forced disappearance in which members of the police or armed forces are suspected of having been involved; The widespread, serious attacks on human rights defenders, who are playing an essential role in reporting torture and ill-treatment; in addition, the repeated attacks on members of the judiciary, threatening their independence and physical integrity; (e)The numerous forced internal displacements of population groups as a result of the armed conflict and insecurity in the areas in which they live, taking into account the continuing absence in those areas of State structures that observe and ensure compliance with the law; (f)The overcrowding and poor conditions in penal establishments, which could be considered inhuman or degrading treatment; (g)The absence of information on the application of article 11 of the Convention as regards the State party’s arrangements for the custody and treatment of persons subjected to arrest, detention or imprisonment, and the reports received by the Committee to the effect that the State party is failing to discharge its obligations in this respect; (h)The lack of satisfactory information concerning the rules in the State party’s law for ensuring the application of article 3 of the Convention to cases of refoulement or expulsion of aliens in danger of being tortured in the country of destination. E. Recommendations 69. The Committee recommends that the State party take all necessary measures to prevent the acts of torture and illtreatment that are being committed in its territory, and in particular that it: (a) Take firm steps to end impunity for persons thought to be responsible for acts of torture or ill-treatment; carry out prompt, impartial and thorough investigations; bring the perpetrators of torture and inhuman treatment to justice; and provide adequate compensation for the victims. It recommends in particular that the State party reconsider in the light of its obligations under the Convention the adoption of the “alternative penalties” bill; (b) Reconsider also, in the light of its obligation to prevent torture and ill treatment under the Convention: The use of “peasant soldiers”; The adoption of measures that appear to give military forces powers of criminal investigation under which suspects can be detained for long periods without judicial control; The judicial reform bill, so as to provide full protection for amparo proceedings and respect and promote the role of the Constitutional Court in defending the rule of law; (c) Ensure that anyone, especially any public servant, who backs, plans, foments, finances or in any way participates in operations by paramilitary groups, known as “self defence groups”, responsible for torture is identified, arrested, suspended from duty and brought to justice; (d) Ensure that the staff of the Human Rights Unit of the Public Prosecutor’s Office are able to carry out their duties independently, impartially and in safety and provide the Unit with the resources needed to do its work effectively; (e) Investigate, prosecute and punish those responsible for rape and other forms of sexual violence, including rape and sexual violence that occur in the framework of operations against illegal armed groups; (f) That in cases of violation of the right to life any signs of torture, especially sexual violence, that the victim may show be documented. That evidence should be included in forensic reports so that the investigation may cover not only the homicide but also the torture. The Committee also recommends that the State party provide medical staff with the training necessary to determine when torture or ill-treatment of any kind has occurred; (g) Respect the provisions of the Military Penal Code that exclude cases of torture from the jurisdiction of the military courts and ensure that those provisions are respected in practice; (h) Take effective measures to protect human rights defenders against harassment, threats and other attacks and report on any judicial decisions and any other measures taken in that regard. The Committee also recommends the adoption of effective measures for the protection of the physical integrity and independence of members of the judiciary; (i) Take effective measures to improve conditions in places of detention and to reduce overcrowding there; (j) Ensure, so as to preclude all instances of torture or cruel, inhuman or degrading punishment, that persons subjected to any form of arrest, detention or imprisonment are treated according to international standards; (k) Report in its next periodic report on the domestic legal provisions that guarantee non-refoulement to another State when there are substantial grounds for believing that the person concerned would be in danger of being subjected to