A/69/44 Definition and criminalization of torture (9) While noting that Section 32, paragraph 2, of the Constitution of Thailand prohibits acts of torture, the Committee is concerned about the absence of a definition of torture and that torture is not recognized as an offence, in accordance with the Convention, in the State party’s legal system. In addition, the Committee is concerned that the draft amendment to the Penal Code with regard to torture, (a) does not reflect the non-exhaustive list of purposes for which torture may be inflicted nor does it include discrimination as a purpose; (b) provides for a higher degree of pain and suffering than that set forth in article 1 of the Convention; (c) contains a definition of “public official” that is more limited than that set forth in the Convention; (d) does not explicitly prohibit affirmative defences to the crime of torture; and (e) does not explicitly prohibit the application of a statute of limitations. The Committee appreciates the delegation’s reassurance that the draft can still be revised. The shortcomings cited above seriously hamper the implementation of the Convention by preventing the prosecution of torture in Thailand. The Committee notes the State party’s commitment to revise its Penal Code and Criminal Procedure Code, including the draft amendment, to define torture and include the offence of torture, in line with articles 1 and 4 of the Convention (arts. 1 and 4). Recalling the Committee’s general comment No. 2 (2008) on implementation of article 2 by States parties, the Committee urges the State party to revise its legislation without delay, in order to: (a) To adopt a definition of torture that covers all the elements contained in article 1 of the Convention; (b) To include torture as a separate and specific crime in its legislation and ensure that penalties for the crime of torture are commensurate with the gravity of the crime, as required by article 4, paragraph 2, of the Convention; (c) limitation. To ensure that acts amounting to torture are not subject to any statute of Allegations of widespread use of torture and ill-treatment (10) While noting with appreciation the State party’s public statement that it fully recognizes the importance of the Convention and its acknowledgement of the Committee’s concerns about the need for impartial and independent investigations, the Committee remains seriously concerned about the continued allegations of widespread torture and illtreatment of detainees, including as a means of extracting confessions, by the military, the police and prison officials in the south and other parts of the country. The Committee calls upon the State party to take immediate and effective measures to investigate all acts of torture and ill-treatment and to prosecute and punish those responsible with penalties that are commensurate with the gravity of their acts. In addition to those measures, the State party should unambiguously reaffirm the absolute prohibition of torture and publicly condemn all practices of torture, accompanied by a clear warning that anyone committing such acts or otherwise complicit or participating in torture will be held personally responsible before the law and will be subject to criminal prosecution and appropriate penalties. Situation in the southern border provinces (11) The Committee expresses concern at the numerous allegations of torture and illtreatment during the state of emergency in the southern border provinces and notes that the state of emergency has been prolonged and that the exercise of fundamental human rights has been restricted (arts. 2, 4, 11, 12, 13, 15 and 16). GE.14-12596 151