411. In Niger, there is no specific offence for torture. However, all physical or moral offences that constitute torture are punishable under the criminal code and the military justice code as follows: - Articles 222 et seq provide for and punish assault and battery with punishments varying between 3 months and 30 years imprisonment depending on its seriousness; - Article 265 punishes for a period of one year to less than ten years imprisonment for arbitrary arrests and unlawful detentions. When they are caused by a public authority, the sentence is 10 to 20 years, according to Article 266. Where the victims have been subjected to bodily torture, Article 267 provides that death penalty may be imposed; - Article 208.3 of the Criminal Code describes “war crimes” punishable by the death penalty as certain serious offences such as “torture or other inhuman treatments” and other serious offences which by action or omission undermine persons or properties protected under the Conventions signed in Geneva on 12 August 1949 and their additional protocols I and II of 1977, - Articles 270 (1) to 270(4) provide for and punish crimes of slavery to between 10 and 30 years imprisonment and offence of slavery to a term of 5 to less than 10 years imprisonment; - Law No. 2003-010 of 11 March 2003 on the Code of Military Justice punishes torture under humanitarian law offences, particularly its Articles relating to genocide and crimes against humanity. Thus, Article 317 of the aforementioned Law specifies that: “genocide refers to the fact of executing a concerted plan seeking to totally or partially destroy a national, ethnic, racial or religious group or a specified group on the basis of any other arbitrary criterion…”; - Articles 318 and 320 of the Code of military justice punishes offences of genocide or crimes against humanity by applying the death penalty. The criminal code punishes the same offences by using the same penalty. 412. In order to fall in line with the Convention on the Prohibition of Torture which has been ratified, Niger is in the process of passing a law on torture. The draft legislation has been developed and is currently going through the processes for adoption. B. Establish a national independent control mechanism for combating torture. 413. Law No. 2012-44 of 24 August 2012, determining the composition, organization, responsibilities and functioning of the National Human Rights Commission, is in the process of amendment to take into account the national independent control mechanisms for combating torture. C. Implement and popularise the Robben Island Guidelines, particularly for stakeholders in charge of enforcing the laws and ensuring oversight of compliance with these guidelines in the course of the preparation of the next periodic reports. Promotion and support for cooperation with international mechanisms 414. Niger has been regularly preparing and submitting its initial and periodic reports to UN and African treaty bodies. With the establishment of the Inter-Ministerial Committee responsible for drafting reports to treaty bodies, all the reports due are transmitted to the relevant bodies. It also cooperates with special mandate holders wishing to visit the country. Criminalization of Torture 415. The process of establishing torture as a criminal offence has been initiated and will be translated into an amendment of provisions of the existing criminal code. 84