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The State party should adopt appropriate legislation to incorporate into domestic law
its obligation under article 3 of the Convention, thereby preventing any persons from
being expelled, returned or extradited to another State where there are substantial
grounds for believing that he or she would be in danger of being subject to torture.
Universal jurisdiction
29. The Committee regrets the lack of clarity and information on the existence of the necessary
legislative measures establishing the State party’s jurisdiction over acts of torture (arts. 5, 6, 7
and 8).
The State party should establish its jurisdiction over acts of torture in cases where the
alleged offender is present in any territory under its jurisdiction, either to extradite
or prosecute him or her, in accordance with the provisions of the Convention.
Truth and Reconciliation Commission
30. The Committee acknowledges that the Constitutional Court has repealed Law No. 27/2004
on the Truth and Reconciliation Commission because it would have sanctioned amnesty for
non-derogable offences. Nonetheless, the Committee remains concerned about the mandate of a
future commission, as cited in the State party’s reply to the Committee’s list of issues (arts. 2, 12
and 14).
The State party should consider carefully the mandate of the future Commission of
Truth and Reconciliation, in the light of other similar international experiences and
in compliance with its obligation under the Convention. Such a commission should,
inter alia, be empowered to investigate gross human rights violations and compensate
victims while proscribing amnesties for perpetrators of acts of torture.
Witness and victim protection
31. While welcoming the adoption of Law No. 13/2006 on Witness and Victim Protection, the
Committee remains concerned about the absence of implementing regulations, the mistreatment
of witnesses and victims, and the insufficient training of law enforcement officials and allocation
of Government funds to support the new system (arts. 12, 13 and 14).
The State party should, without delay, establish a witness and victim protection body,
with all relevant measures required to implement Law No. 13/2006, including the
allocation of necessary funding for the functioning of such a new system, the adequate
training of law enforcement officials, especially in cooperation with civil society
organizations, and an appropriate gender-balanced composition.
Compensation and rehabilitation
32. The Committee expresses its concern about the lack of compensation for victims of torture
and other cruel, inhuman or degrading treatment, and at the limited measures for the
rehabilitation of victims of torture, ill-treatment, trafficking and domestic and sexual violence
(art. 14).