CAT/C/COG/CO/1
the new Criminal Code and Code of Criminal Procedure and the law on the
prevention and punishment of torture.
The National Human Rights Commission
9.
The Committee notes that in 2013, in the context of the universal periodic review,
the State party accepted the recommendations to reinforce the mandate and capacities of the
National Human Rights Commission, which still does not meet the criteria for A status
accreditation under the principles relating to the status of national institutions for the
promotion and protection of human rights (Paris Principles). Although the delegation
indicated that some progress had been made in implementing the criteria provided for under
the Paris Principles, the information provided does not enable the Committee to assess the
progress achieved in relation to the selection process, the composition of the Commission’s
membership, the way it operates and its financial autonomy and independence. The
Committee further notes that the Commission is empowered to conduct investigations into
acts of torture either directly or at the request of individuals and to make recommendations
to the courts but without being able to refer cases directly to them (art. 2, para. 1).
The State party should, without delay, take the necessary steps to:
(a)
Ensure that the National Human Rights Commission is in full
compliance with the Paris Principles and that it has sufficient financial resources to
operate;
(b)
Guarantee the Commission’s institutional independence and ability to
operate independently;
(c)
Empower the Commission to refer a matter to the courts in cases where
an investigation by it has identified sufficient evidence of acts of torture.
Allegations of torture and ill-treatment
10.
The Committee is deeply concerned about the numerous allegations of acts of
torture and ill-treatment committed in most of the country’s places of detention, in
particular in police stations, at the Directorate-General of National Security (DGST) and in
gendarmeries. These acts are allegedly committed for the purpose of obtaining a confession
by, in particular, law enforcement officials in the course of interrogations during police
custody and preliminary investigations (arts. 2, 11, 12 and 13).
The State party should immediately take effective measures to investigate all acts of
torture, to prosecute and punish those responsible and to ensure that torture is not
used. It should unambiguously reaffirm the absolute prohibition of torture and
publicly condemn its practice. It should make clear in the bill currently being drafted
that anyone ordering, committing or otherwise complicit or acquiescent in such acts
will be held personally responsible before the law and will be subject to criminal
prosecution and appropriate penalties.
Fundamental legal safeguards
11.
The Committee takes note of the State party’s efforts to combat violations of
fundamental legal safeguards, in particular by restructuring the police and the judiciary.
Nevertheless, the Committee is alarmed at the large number of allegations it has received of
arbitrary arrests and detentions, the failure to observe time limits on police custody,
irregularities in the keeping of official registers and the failure to observe the right of all
detained persons to inform their relatives of their detention. The Committee finds it
regrettable that there is no provision for the right to see an independent doctor free of
charge from the moment a person is taken into police custody, that pretrial detention is
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