A/69/44
between the definition of torture provided in domestic law and that found in the
Convention, this may result in actual or potential loopholes for impunity. The State
party should ensure that the penalties prescribed will be in proportion with the
gravity of the acts committed.
Absolute prohibition of torture
(9)
The Committee notes with concern that the law of the country does not absolutely
prohibit torture under any and all circumstances and that acts of torture were reportedly
committed during the sociopolitical crisis in 2011. It furthermore regrets that there are no
legal provisions stating that there shall be no statute of limitations for the offence of torture
(art. 2).
The State party should enact legislation against torture so as to establish an absolute
prohibition of torture, stating that no exceptional circumstances whatsoever, whether
a state of war or a threat of war, internal political instability or any other public
emergency, may be invoked as a justification of torture. The State party should also
establish that there shall be no statute of limitations for the offence of torture.
Allegations of torture and ill-treatment
(10) The Committee remains gravely concerned by reports that law enforcement officers
have perpetrated acts of torture and ill-treatment either while questioning people at police
or gendarmerie stations or during operations to quell peaceful demonstrations. The
Committee remains concerned by the fact that several such acts have gone unpunished, as
in the cases of David Idogo, Dié Kambou, Etienne Da, Moumouni Isaac Zongo and Ousseni
Compaore. The Committee is also concerned by the absence of legal provisions
establishing that statements or confessions obtained under torture are inadmissible in court,
except when such a statement is invoked as evidence against a person accused of torture
(arts. 2, 11, 15 and 16).
The State party should:
(a)
Take immediate and effective action to prevent acts of torture and illtreatment and put an end to the impunity enjoyed by several of the alleged
perpetrators of such acts. In this connection, it should promptly conduct thorough,
independent and impartial investigations into all allegations of torture and illtreatment and prosecute the perpetrators of the aforementioned acts;
(b)
Make police and gendarmerie officers aware of the absolute prohibition
of torture and of the Basic Principles on the Use of Force and Firearms by Law
Enforcement Officials; and
(c)
Ensure that a provision is included in the legislative amendments
currently being introduced so that statements made as a result of coercion or torture
may not be invoked as evidence in any court proceedings. The State party should
make sure that judges are instructed and aware that it is unconstitutional to obtain
statements through the use of torture, that such statements are inadmissible and that
they have an obligation to initiate an investigation when they receive allegations of
acts of torture.
Fundamental legal safeguards
(11) The Committee is concerned by the fact that persons in detention are not afforded
full and fundamental legal safeguards from the outset of deprivation of liberty, in particular
that they are not granted the legal right to the assistance of a lawyer during police
investigations, on the grounds that such investigations are secret. The Committee is also
concerned about the fact that suspects might not always be afforded the opportunity to
contact their relatives or a close family member, on the same grounds. The Committee is
GE.14-12596
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