A/HRC/7/3/Add.2 page 58 1. Anyone who inflicts on a person any form of unlawful torture with a view to obtaining a confession to an offence or information thereon shall be punished by imprisonment for a period of six months to three years. For the purposes of this article, the term torture means any act by which severe pain or suffering, whether physical or mental, is intentionally inflicted on a person for such purposes as obtaining from him or another person information or a confession, punishing him for an act he or another person has committed or is suspected of having committed, or intimidating or coercing him or another person, or for any reason based on discrimination of any kind, when such pain or suffering is inflicted by or at the instigation of or with the consent or acquiescence of a public official or any person acting in his official capacity. 2. If such torture leads to serious illness or injury, the penalty shall be temporary hard labour. 3. Notwithstanding the provisions of articles 54 bis and 100 of this code, the court may not grant a stay of execution of a penalty in crimes contained in this article, nor may it take into account any attenuating circumstances. 248. Recommendation (d) stated: The special court system within the security services - above all, police and intelligence courts - be abolished, and their jurisdiction be transferred to the ordinary independent public prosecutors and criminal courts; 249. According to non-governmental sources, there has been no legislative activity on this recommendation; discussion of this recommendation has not entered any but the remotest parts of the Government. There has been no public discussion whatsoever. 250. Recommendation (e) stated: An effective and independent complaints system for torture and abuse leading to criminal investigations be established; 251. According to non-governmental sources, a planned Ombudsman office appears to continue to be stalled years after the PSD announced its formation. The PSD has established an FM radio station to ensure transparency through which all complaints are directly aired and appropriate solutions sought; and has distributed complaints boxes to various prisons under the direct supervision of the PSD’s Office of Complaints and Human Rights. The Ministry of Justice has created a mechanism to enable detainees to make complaints, which would also serve as a means of enabling the General Prosecutor to monitor the situation in prisons; has created a registry for complaints in the AttorneyGeneral’s Office to document complaints; and allocated qualified personnel to handle these complaints in the Human Rights Department in the Ministry of Justice. Safeguards