CAT/C/COG/CO/1
(b)
Take all necessary legal and administrative steps to ensure the protection
of victims of torture or cruel, inhuman or degrading treatment or punishment,
members of their families and witnesses at every stage of proceedings.
Impunity: need for investigations and prosecutions
16.
The Committee is concerned at reports of impunity in cases of enforced
disappearance, torture or ill-treatment, including brutality and excessive use of force during
police operations. It takes note of the information provided by the State party to the effect
that it has established the domestic legal conditions required for the punishment of torture,
but remains concerned that law enforcement officials and military personnel suspected of
having committed acts of torture appear rarely to be prosecuted. The Committee is further
concerned at the State party’s failure to investigate the numerous allegations of torture or
ill-treatment that, in some cases, is said to have led to the death of persons detained in
places of deprivation of liberty. Such impunity is an additional barrier to the bringing of
legal actions by citizens of the State party (arts. 12, 13 and 16).
The State party should:
Take the appropriate steps to ensure that all allegations of enforced disappearance,
torture, ill-treatment or death in custody are promptly, thoroughly and impartially
investigated, that the perpetrators of these acts are prosecuted and, if found guilty, are
given sentences commensurate with the gravity of the offence.
Redress for and rehabilitation of victims of torture
17.
While noting that the State party’s legal system recognizes the right of victims of
acts of torture to fair and equitable redress under the general rules on civil and
administrative liability, the Committee notes the lack of information on the implementation
of the relevant redress mechanism (art. 14).
The State party should put in place a legislative framework and a clear procedure
enabling all victims to enjoy their right to redress, in accordance with article 14 of the
Convention and as set out by the Committee in its general comment No. 3 (2012) on
the implementation of article 14 by States parties.
Refugees and asylum seekers
18.
The Committee welcomes the State party’s continued efforts to ensure access to its
territory for refugees and asylum seekers, in accordance with article 3 of the Convention.
Nevertheless, the Committee notes with concern the current lack of any comprehensive
legislation on asylum and refugees. The Committee is also concerned at reports of physical
abuse, ill-treatment and sexual violence allegedly carried out by the police authorities
against a large number of nationals of the Democratic Republic of the Congo following a
police operation entitled Mbata ya bakolo, which took place in April 2014. While taking
note of the administrative sanctions imposed and the criminal proceedings initiated against
18 police officers who were responsible for serious human rights violations during that
operation, the Committee regrets the lack of information on the status of those proceedings
and the type of criminal sanctions envisaged. The Committee is also concerned at reports of
numerous cases of refoulement to the Democratic Republic of the Congo in the wake of the
above-mentioned police operation (arts. 3, 11 and 16).
The Committee recommends that the State party:
(a)
Strengthen its domestic legislative framework by drafting a
comprehensive law on asylum containing specific provisions on non-refoulement and
access to its territory, in accordance with article 3 of the Convention;
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GE.15-10644