- 50 (h)
The jurisdiction of the Mutawe’en officials to pursue, inter alia, violations of the
moral code and to proscribe conduct they identify as not conducive to public morality and safety.
The Committee is concerned that the powers of these officials are vaguely defined by law, and
that their activities may violate the Convention;
(i)
The apparent failure of the State party to provide effective mechanisms to
investigate complaints of breaches of the Convention;
(j)
While noting the State party’s institution of mechanisms for the purpose of
providing compensation for conduct in violation of the Convention, as a practical matter,
compensation appears to be rarely obtained, and accordingly full enjoyment of the rights
guaranteed by the Convention is consequently limited.
D. Recommendations
101.
The Committee recommends, in particular, that the State party:
(a)
Expressly incorporate within its domestic law a crime of torture in terms that are
consistent with article 1 of the Convention;
(b)
Convention;
Re-examine its imposition of corporal punishments, which are in breach of the
(c)
Ensure that its laws are in practice applied to all persons, regardless of nationality,
gender, religious affiliation or other distinction, insofar as issues arising under the Convention
are concerned;
(d)
Ensure that all places of detention or imprisonment conform to standards
sufficient to guarantee that no person is thereby subjected to torture or cruel, inhuman or
degrading treatment or punishment;
(e)
Convention;
Ensure that its law and practice reflect the obligations imposed by article 3 of the
(f)
Ensure that all persons who have been victims of a violation of their rights under
the Convention have access, in law as well as in practice, to the means of obtaining full redress,
including compensation, and that the persons who may be responsible for such violations are
promptly and impartially investigated, and thereupon punished;
(g)
Ensure that its Mutawe’en officials exercise a clear and precise jurisdiction, in
conformity with the Convention and other applicable rules of non-discrimination, in a manner
regulated by law and subject to review by ordinary judicial authority;
(h)
Ensure, in practice, that persons detained in custody are able to exercise prompt
access to legal and medical expertise of choice, to family members and, in the case of foreign
nationals, to consular personnel;
Select target paragraph3
Connect to a paragraph
Connect to an entity
Disable highlights
Add to table of contents