(a)The lack of a definition of torture in criminal law that covers all the constituent elements contained in article 1 of the Convention; (b)The lack of any provision expressly prohibiting the invocation of exceptional circumstances or orders from a superior officer or a public authority as a justification for torture; (c)The weakness of the safeguards associated with the expulsion and return (refoulement) of foreigners, inasmuch as there appears to be no clause on non-refoulement in Monaco’s domestic law that meets the requirements of article 3 of the Convention and appeal to the Supreme Court does not automatically have suspensive effect; (d)The narrow scope of articles 228 and 278 of the Criminal Code, which do not fully meet the requirements of article 4 of the Convention, since they relate only to murder committed by means of acts of torture or accompanied by acts of cruelty and to torture committed in the course of unlawful arrest or abduction; (e)The fact that persons in custody are not entitled to the assistance of counsel, there being no provision for such assistance until they first appear before the investigating magistrate, and can inform their next of kin that they have been detained only with the magistrate’s authorization; (f)The lack of explicit provisions requiring a register of individuals held in police premises, even if such registers are actually kept; (g)The absence of any mechanism to monitor physical prison conditions and how prisoners are treated in French penitentiary establishments. D. Recommendations 118. The Committee recommends that the State party: (a) Establish in its domestic criminal law a definition of torture that is fully consistent with article 1 of the Convention; (b) Enact in its domestic law a prohibition on the invocation of exceptional circumstances or orders received from a superior officer or public authority as a justification of torture; (c) Respect the principle laid down in article 3 of the Convention, including in cases involving the expulsion and return (refoulement) of foreigners, and establish that appeals against deportation orders which mention the risk of torture in the country of destination automatically have suspensive effect. The Committee, noting that individuals are expelled or returned only to France, reminds the State party that it must satisfy itself that no one will be returned to a third country where there might be a risk of torture; (d) Guarantee the right of individuals in detention to have access to a lawyer of their choosing and inform their next of kin within the first few hours of being detained; (e) Adopt regulations requiring the use of registers in police premises in conformity with the relevant international agreements, particularly the Body of Principles for the Protection of All Persons under Any Form of Detention or Imprisonment; (f) Monitor physical prison conditions and how prisoners are treated in French penitentiary establishments; (g) Consider ratifying the Optional Protocol to the Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment, whose prevention objectives are very important. 119. The Committee recommends that the present conclusions and recommendations, and the summary records of the meetings at which the State party’s second periodic report was considered, should be widely disseminated in the country. 120. The Committee requests the State party to provide within one year information on the action it has taken on its recommendations contained in paragraph 118 (c), (d) and (f) above. 121. The Committee, considering that the second periodic report of Monaco also covers the third report due on 4 January 2001, requests the State party to submit its fourth and fifth reports in a single document on 4 January 2009. MOROCCO* 122.The Committee considered the third periodic report of Morocco (CAT/C/66/Add.1 and Corr.1), together with the additional oral information submitted by the State party delegation, at its 577th, 580th and 589th meetings (CAT/C/SR.577, 580 and 589), held on 12, 13, and 20 November 2003, and adopted the following conclusions and recommendations. A. Introduction 123.The Committee welcomes the third periodic report of Morocco, which provided it with detailed information on the efforts made by the State party, since the consideration of the second report in 1999, to implement the Convention, and also the information given orally by the Moroccan delegation, which furnished positive information concerning measures to implement the Convention taken since the submission of the third report on 23 March 2003. The Committee thanks the delegation for the frank and constructive dialogue established with it. 124.The third periodic report was submitted slightly late since it had been scheduled for 2002. It was not completely consistent with