A/68/44
improves the cooperation between the State party and the Committee and focuses on the
examination of the report as well as the dialogue with the delegation.
(3)
The Committee welcomes the constructive dialogue held with the State party’s highlevel delegation as well as the additional information and explanations provided by the
delegation.
B.
Positive aspects
(4)
The Committee welcomes the State party’s ratification of the following international
instruments:
(a)
The International Convention for the Protection of All Persons from Enforced
Disappearance, on 23 July 2009;
(b)
The Rome Statute of the International Criminal Court, on 1 October 2007.
(5)
The Committee welcomes the following legislative measures taken by the State
party:
(a)
The revision of the Immigration Control and Refugee Recognition Act,
which came into effect in July 2009;
(b)
The revision of the Act on the Prevention of Spousal Violence and Protection
of Victims, which came into effect in January 2008.
(6)
The Committee welcomes the following administrative and other measures taken by
the State party:
(a)
The establishment of the Inspection Guidance Division at the Supreme Public
Prosecutors Office, in July 2011;
(b)
The approval of the Third Basic Plan for Gender Equality, in December
(c)
July 2010;
The creation of the Immigration Detention Facilities Visiting Committee, in
2010;
(d)
The adoption of the 2009 Action Plan to Combat Trafficking in Persons, in
December 2009;
(e)
The compilation of the Policy on Ensuring Propriety of Examination in
Police Investigations, in January 2008.
C.
Principal subjects of concern and recommendations
Definition of torture
(7)
The Committee is concerned that the State party has not taken any measures to adopt
a definition of torture that covers all the elements contained in article 1 of the Convention
(art. 1).
The Committee reiterates the recommendation made in its previous concluding
observations (CAT/C/JPN/CO/1, para. 10) that the State party incorporate into
domestic law the definition of torture as contained in article 1 of the Convention,
encompassing all its constituent elements which characterize torture as a specific
crime with appropriate penalties. The Committee considers, referring to its general
comment No. 2 (2007) on implementation of article 2 by States parties, that States
parties will directly advance the Convention’s overarching aim of preventing torture
by naming and defining the offence of torture in accordance with the Convention and
distinct from other crimes.
122
GE.13-46043
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