A/66/44 Rights in the cases of Kolesnik v. Russia, Soldatenko v. Ukraine, Ryabkin v. Russia and Garabayev v. Russia. While noting the existence of laws which prohibit, inter alia, abuse of power and the use of violence by officials against individuals in their custody for the purpose of obtaining evidence, the Committee is concerned about the substantial gap between the legislative framework and its practical implementation (arts. 2, 4, 12 and 16). As a matter of urgency, the State party should take immediate and effective measures to prevent acts of torture and ill-treatment throughout the country, including by implementing policies that would produce measurable results in the eradication of torture and ill-treatment by State officials. Furthermore, the State party should take vigorous steps to eliminate impunity for alleged perpetrators of acts of torture and illtreatment, carry out prompt, impartial and exhaustive investigations, try the perpetrators of such acts and, where they are convicted, impose appropriate sentences, and properly compensate the victims. Status of the Convention in the domestic legal order (7) While noting article 6 of the Turkmen Constitution, which recognizes the primacy of the universally recognized norms of international law, the Committee notes with concern that the Convention has never been directly invoked in domestic courts. The Committee takes note of the oral assurance by representatives of the State that the direct application of the Convention by courts is envisaged shortly. The Committee recommends that the State party take the measures necessary to ensure the full applicability of the provisions of the Convention in its domestic legal order and the practical implementation of article 6 of the Constitution by, inter alia, providing extensive training to the judiciary and law-enforcement personnel in order to make them fully aware of the provisions of the Convention and its direct applicability. Furthermore, the State party should report back on progress made in this respect and on decisions of national courts or administrative authorities giving effect to the rights enshrined in the Convention. Definition, absolute prohibition and criminalization of torture (8) While noting article 23 of the Constitution, which prohibits acts of torture or cruel, inhuman or degrading treatment or punishment, the Committee remains concerned that the State party has still not incorporated into domestic law the crime of torture as defined in article 1 of the Convention, and that the Criminal Code does not contain provisions specifically providing for liability for torture, but rather criminalizes “the causing of physical and moral suffering through systematic beatings or other violent acts” under article 113, “abuse of power” by an official under article 358, and the use of force by officials against individuals in their custody for the purpose of obtaining information under article 197. The Committee notes with concern article 47 of the Constitution, under which the implementation of the rights and freedoms of citizens may be suspended in a state of emergency or martial law in accordance with domestic laws. Furthermore, the Committee regrets the lack of information about rules and provisions on the statute of limitations (arts.1, 2 and 4). The Committee urges the State party to adopt a definition of torture that covers all the elements contained in article 1 of the Convention. The definition of torture should set out clearly the purpose of the offence, provide for aggravating circumstances, include the attempt to commit torture as well as acts intended to intimidate or coerce the victim or a third person, and should refer to the motive or reasons for inflicting torture identified in article 1 of the Convention. The State party should also ensure that acts of torture are not defined in terms of a less serious offence, such as the causing of physical and moral suffering, and that these offences are punishable by appropriate penalties which take into account their grave nature, as set out in article 126 GE.11-45568