(5) The Committee also welcomes the following measures: (a) The creation in 2000 of the Inspectorate-General for Justice Services; (b) The establishment of the Police Code of Ethics approved by resolution No. 37/2002 of the Council of Ministers on 28 February 2002; and (c) The dissemination of the provisions of the Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment (“the Convention”) through the translation of the United Nations Fact Sheets into Portuguese. C. Subjects of concern and recommendations Definition of torture (6) While taking note of the explanations given by the State party delegation that discrimination is illegal under article 240 of the new Penal Code, the Committee is nonetheless concerned that the definition of torture contained in article 243 of the Penal Code does not include discrimination among the motives for acts of torture and, consequently, does not appear to cover every possible motive for torture as defined under article 1 of the Convention. The State party should consider making the necessary amendments to article 243 of the Penal Code to include discrimination as a possible motive for acts of torture as defined under article 1 of the Convention. Arrest for identification purposes (7) While noting that, according to the Portuguese delegation, arrests for identification purposes are exceptional, the Committee regrets such a procedure exists, since it could lead to group arrests being made under certain circumstances. The Committee is concerned that time spent in custody for identification purposes (6 hours maximum) is not deducted from the total period of custody which may follow (48 hours). The Committee is also concerned that Portuguese legislation contains no provision explicitly requiring the Public Prosecutor’s Office to order a forensic report in all cases where it has knowledge of the ill-treatment of a person held in custody (art. 2). The State party should take adequate measures to: (a) Ensure that all arrests, including arrests for identification purposes, are not targeted at groups of persons but that arrests are made on an individual basis; (b) Guarantee that the time spent in custody for identification purposes (6 hours maximum) is deducted from the total period of custody, if applicable (48 hours); and (c) Include in its legislation a provision explicitly requiring the Public Prosecutor’s Office to order a forensic report in all cases where it has knowledge of a situation of ill-treatment of a person held in custody. Pretrial detention (8) While taking note of the explanations given by the Portuguese delegation, in particular its reference to article 5 of the Convention for the Protection of Human Rights and Fundamental Freedoms (“European Convention on Human Rights”), the Committee is concerned by the State party’s definition of pretrial detention which encompasses not only detention of persons awaiting trial but also of persons tried in first instance whose sentence has not yet been confirmed or quashed by a court of appeal. Such language is liable to cause confusion regarding the actual duration of pretrial detention as it is understood by the Committee and the number of detainees awaiting trial (arts. 2 and 16). 30