CAT/C/URY/CO/3 (b) Adoption of the Migration Act (Act No. 18250) of 6 January 2008 and of the Act on Refugees and the Right to Asylum (Act No. 18076) of 19 December 2006, which provided for the establishment of the Refugee Commission; (c) Promulgation of Act No. 18446 of 24 December 2008, as amended by Act No. 18806 of 14 September 2011, which provides for the establishment of the National Human Rights Institution and Ombudsman’s Office and for that body to perform additional functions as the national mechanism for the prevention of torture (art. 83); (d) Promulgation of Act No. 18596 of 18 September 2009, which acknowledges the responsibility of the State and the right of victims to full reparation; (e) Adoption of the National Prison System Act (Act No. 18667) of 15 July 2010, which is aimed at reducing prison overcrowding, and the Provisional and Early Release Act (Act No. 17897) of 14 September 2005; (f) Promulgation of the Punitive Powers of the State Act (Act No. 18831) of 27 October 2011 and the adoption of Executive Resolution No. CM/323 of 30 June 2011, which repealed the Expiry of Punitive Powers of the State Act (Act No. 15848). 6. The Committee also commends the State party on its efforts to amend its policies and procedures in order to afford greater protection for human rights and to apply the Convention and, in particular, its adoption of the first National Plan against Domestic Violence (2004–2010). Principal subjects of concern and recommendations Definition of the offence of torture 7. Although Act No. 18026 defines torture as a specific offence, the Committee notes that the definition set out in article 22 is incomplete inasmuch as it fails to mention the purpose of the act in question or any reason for it that is based on discrimination as material elements in constituting all the circumstances associated with torture that are mentioned in paragraph 2 of that article. Nor is there any specific mention of acts of torture carried out in order to intimidate, to coerce or to obtain information or a confession from a person other than the person who was tortured (art. 1). The State party should align article 22 of Act No. 18026 with article 1 of the Convention by specifying the objective of the offence, identifying discrimination as one of the motivating factors or reasons why torture may be inflicted and including acts intended to intimidate, coerce or obtain information or a confession from a person other than the victim in the definition. In this regard the Committee recalls its general comment No. 2 (2007), on the implementation of article 2 by States parties, which states that serious discrepancies between the Convention’s definition and the definition figuring in a State party’s law create actual or potential loopholes that can foster impunity (CAT/C/GC/2, para. 9). Basic procedural guarantees 8. Although it takes note of the explanations provided by the delegation, the Committee remains concerned at reports from non-governmental sources which indicate that Act No. 18315 of 5 July 2008, on police procedures, has extended the discretionary powers of the police during arrests, raids and house searches and in relation to the use of force (art. 2). 2 GE.14-04582