A/65/44 respect, concerned by the detention conditions of such prisoners, especially by the death of Skander Vogt, held in a cell of the high security wing of Plaine de l’Orbe prison, after setting fire to his cell (arts. 10, 12 and 13). The State party should review the manner in which article 123a of the Constitution, specified in the Act of 1 August 2008, is applied and the conditions in which such prisoners are held. The State party should open a prompt and independent inquiry into the death of Skander Vogt and inform the Committee of the inquiry’s outcome in its next periodic report. Complaints and prosecutions (19) The Committee reiterates its concern that only a minority of complaints of violence or mistreatment by the police result in prosecutions or charges being brought and that only a few lead to compensation being offered to victims or their families (arts. 2, 12 and 13). The State party must systematically conduct impartial, thorough and effective inquiries into all allegations of violence committed by the police, and prosecute and punish the perpetrators in proportion to the seriousness of their acts. It should also ensure that victims or their families receive compensation. The State party should inform the Committee of the outcome of current proceedings. Violence against women (20) The Committee notes that the Criminal Code addresses violence against women by prosecuting the offences of violation of physical integrity and violation of liberty (art. 122 ff. and art. 180) and that it provides for automatic prosecution in the event of an attack on a spouse or companion. It also notes that article 28b of the Civil Code contains further protective measures. Nevertheless, the Committee remains concerned by reports indicating an unacceptable rate of violence against women, especially in the home. In this respect, it is concerned that statements made by the authorities criticizing police action in cases involving persons with international protection conveys the wrong message as far as combating impunity is concerned. It also notes with concern the continued lack of a specific provision in the Criminal Code targeting violence against women (arts. 2 and 16). The State party must ensure that a provision is inserted in its Criminal Code specifically aimed at preventing and combating violence against women. The State party must also act to raise the public’s awareness of all forms of violence against women. It must ensure that victims of violence can make complaints without fear of reprisals, and it must train and encourage police to protect the victims of domestic violence, even when it occurs in the home, in accordance with article 5 of the Federal Victims Assistance Act (II). The State party should firmly combat impunity in cases of domestic violence by opening inquiries, and prosecuting and punishing perpetrators in accordance with the seriousness of their acts. (21) The Committee is concerned that the requirements of article 50 of the Federal Act on Foreign Nationals of 2005, in particular the proof of problems in resettling in the country of origin, make it difficult for foreign women who have been married for less than three years to a Swiss national or a foreigner with a residence permit, and who are victims of domestic violence, to leave their spouse or seek protection, for fear of not having their residence permits renewed (arts. 13, 14 and 16). The State party should consider amending article 50 of the Federal Act on Foreign Nationals in order to enable migrant women who are victims of violence to seek protection without necessarily forfeiting their residence permit, taking as a reference the Federal Tribunal’s ruling of 4 November 2009 (ATF 136 II 1), which states that “either conjugal violence or serious difficulty in resettling in the country of origin may […] be considered to constitute sufficient compelling personal reasons”. GE.10-44721 125