A/69/44 of torture is not punishable by appropriate penalties, as required by the Convention. The Committee is also concerned that the statute of limitations applicable to the offence of torture under domestic law may prevent investigation, prosecution and punishment of these non-derogable crimes (arts. 1, 2 and 4). The State party should continue its efforts to bring its domestic law into accordance with the Convention, inter alia by ensuring that the definition of torture in article 305(1) of the Criminal Code covers all the elements contained in article 1 of the Convention and that acts of torture are punishable by appropriate penalties commensurate with the gravity of the offence, as set out in article 4, paragraph 2 of the Convention. Furthermore, the State party should ensure that the prohibition against torture is absolute and that there is no statute of limitations for acts of torture. Status of the Convention in the domestic legal order (11) While welcoming the fact that international treaties are directly applicable in the State party under article 6 of the Constitution, the Committee notes with concern that the Convention has never been directly invoked in domestic courts (CAT/C/KGZ/2, para. 14) (arts. 2 and 10). The State party should take necessary measures to ensure de facto applicability of the provisions of the Convention in its domestic legal order, inter alia by training the judiciary and law enforcement personnel on the provisions of the Convention. Independence of the judiciary (12) While noting the State party’s efforts to guarantee the independence of judges, the Committee remains concerned at the reported lack of independence of the judiciary, in particular the process of selecting judges, the attestation procedure for judges, and the requirement for re-evaluation every seven years, as well as the low level of salaries and the uncertain tenure of judges, which may lead to corruption. It is also deeply concerned at reports that corruption in the judiciary significantly contributes to a climate of impunity (art. 2). The State party should strengthen the independence and impartiality of the judiciary for the performance of its duties in accordance with international standards, notably the Basic Principles on the Independence of the Judiciary, inter alia by guaranteeing judges’ security of tenure. The State party should implement the recommendations regarding Kyrgyzstan made by the Special Rapporteur on the independence of judges and lawyers (E/CN.4/2006/52/Add.3). Coerced confessions (13) The Committee is seriously concerned at numerous, consistent and credible reports that the use of forced confessions as evidence in courts is widespread. While noting that the use of evidence obtained through unlawful means is prohibited by law, it is deeply concerned that in practice there is a heavy reliance on confessions within the criminal justice system. The Committee is further concerned at reports that judges have frequently declined to act on allegations made by criminal defendants in court, or to allow the introduction into evidence of independent medical reports that would tend to confirm the defendant’s claims of torture for the purpose of obtaining a confession. The Committee regrets the lack of information provided by the State party on cases in which judges or prosecutors have initiated investigations into torture claims raised by criminal defendants in court, and is alarmed that no official has been prosecuted and punished for torture even in the single case brought to its attention in which a conviction obtained by torture was excluded from evidence by a court – that of Farrukh Gapiurov, who was acquitted by the Osh Municipal Court of involvement in the June 2010 violence (arts. 2 and 15). GE.14-12596 39