Situation during the visit (A/HRC/16/52/Add.3) Information received in the reporting period Non-governmental sources: It is reported that the Government has reportedly stated it does not intend to re-accede to the Optional Protocol to the Covenant.35 (d) Pay adequate compensation to all successful complainants who lodged an individual communication under the First Optional Protocol to the International Covenant on Civil and Political Rights; (e) Amend domestic penal law to include the crime of torture in full accordance with article 1 of the CAT, and to ensure that it is subject to adequate penalties; Government: When the Government accepts liability in accordance with recommendations of the Human Rights Committee, ex gratia payments are made to petitioners. Torture is not defined in criminal legislation in Jamaica, nor is Jamaica a party to the CAT. Non-governmental sources: People in the territory of Jamaica do not have recourse to seek compensation or individual complaint under the First Optional Protocol, due to the fact that the Government is not a signatory. Government: While torture is not defined in criminal legislation in Jamaica, there is a reference in civil law, i.e., Section 13(6) of the Charter of Fundamental Rights and Freedoms provides that ―no person shall be subjected to torture or inhuman or degrading treatment or other punishment‖. Section 13(7) of the Charter provides that ―Nothing contained in or done under the authority of any law shall be held to be inconsistent with or in contravention of subsection (6) to the extent that the law in question authorizes the infliction of any description of punishment which was lawful in Jamaica immediately before the commencement of the Charter of Fundamental Rights and Freedoms (Constitutional Amendment) Act, 2011‖. Non-governmental sources: While the Charter of Fundamental Rights and Freedoms, Section 13(6) now protects any person from torture or inhuman or degrading punishment or other treatment, there remains no clear definition of torture. Further, it is reported that Section 13(7) essentially retains the legality of punishments which constitute torture or inhuman or degrading punishment under the Covenant. In addition, the Offences Against the Person Act, would not, in the view of 35 See: CCPR Human Rights Committee. (11 July 2011). Replies from the Government of Jamaica to the list of issues to be taken up in connection with theconsideration of the third periodic report of Jamaica. CCPR/C/JAM/Q/3/Add.1. (p. 2, paragraph 5). A/HRC/19/61/Add.3 130 Recommendation (A/HRC/16/52/Add.3)