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3. Factors and difficulties impeding the application of the provisions of the Convention
77. The Committee is quite well aware that, in the current period of transition to democracy and in the
light of the prevailing violence and its many forms, there are impediments to the effective
implementation of all the provisions of the Convention.
4. Subjects of concern
78. The Committee is concerned that:
(a) Torture is not more fully defined, in conformity with article 1 of the Convention;
(b) Detention in custody can be extended to 12 days;
(c) Decree 92/44 of 9 February 1992 allows the Minister of the Interior or his nominee to order
administrative placement in custody centres with no judicial supervision.
79. While welcoming the fact that the death penalty has not been enforced since 1993, the Committee is
still concerned at reports from human rights organizations concerning extrajudicial executions,
disappearances and a rising incidence of torture since 1991, after torture had virtually ceased between
1989 and 1991.
5. Recommendations
80. While it is aware of the difficulties posed by the existence of terrorist groups, the Committee
reminds the State party that torture is not warranted in any exceptional circumstances. In that light, it
recommends that:
(a) To avoid any ambiguity, the State party should arrange for the full text of the Convention to be
published in the Official Gazette;
(b) The definition of torture should be revised to bring it into closer conformity with article 1 of the
Convention;
(c) Consideration should be given to making the judiciary more independent and ensuring the effective
exercise of its internationally recognized powers;
(d) Steps should be taken to ensure that only a judicial authority can take decisions restricting individual
liberty;
(e) In accordance with its obligations under various conventions, particularly article 12 of the
Convention, the State party should ensure that an objective inquiry is made promptly whenever there are
reasonable grounds to believe that an act of torture has been committed in territory under its jurisdiction
and that the results of such inquiries are published;
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