A/69/44
(b)
Take measures to strengthen the judiciary in the performance of its
functions and improve further the regime of appointment, promotion and dismissal of
judges in line with relevant international standards, including the Basic Principles on
the Independence of the Judiciary.
Excessive use of force
(12) The Committee is concerned at allegations of excessive use of force and instances of
ill-treatment by law enforcement personnel at the time of apprehension and during
investigation in police facilities. It is further concerned at the absence of a data collection
system on cases of ill-treatment and at the low number of disciplinary and criminal
sanctions. The Committee is also concerned at information that complaints and allegations
concerning physical violence and ill-treatment by police officers are examined by the
Internal Security Office of the State Police, which is part of the police force, and at the
absence of information on the outcome of these investigations and on any compensation to
the victims (arts. 2, 10, 12, 13, 14 and 16).
The State party should:
(a)
Ensure that all reports of ill-treatment and excessive use of force by law
enforcement personnel are investigated promptly, effectively and impartially, both at
the disciplinary and the criminal level, by an independent mechanism with no
institutional or hierarchical connection between the investigators and the alleged
perpetrators;
(b)
Ensure that persons suspected of having committed acts of torture or illtreatment are immediately suspended from their duties and remain so throughout the
investigation;
(c)
Prosecute persons suspected of physical violence and ill-treatment and, if
found guilty, ensure that they are punished in accordance with the gravity of their
acts and that their victims are afforded appropriate redress, in accordance with
article 14 of the Convention;
(d)
Ensure that law enforcement officials are trained in professional
techniques and international standards on the use of force and firearms, which
minimize any risk of harm to apprehended persons, on the absolute prohibition of
torture and ill-treatment and on the liabilities in cases of excessive use of force.
National human rights institution
(13) Recalling its previous concluding observations (para. 6) adopted in November 2007,
the Committee is concerned at reports calling into question the independence of the
Ombudsman, the scope of his or her mandate and the financial and staffing capacity to
fulfil the mandate and workload and carry out the functions of an independent national
human rights institution in accordance with the Principles relating to the Status of National
Institutions (the Paris Principles) (art. 2).
The State party should establish a national institution for the promotion and
protection of human rights, with adequate financial and staffing resources, in full
compliance with the Principles relating to the Status of National Institutions (the Paris
Principles) and seek accreditation from the International Coordinating Committee of
National Institutions for the Promotion and Protection of Human Rights.
Domestic violence
(14) While noting amendments introducing aggravating circumstances of violence and
threat of violence in article 48 of the Criminal Law and recalling its previous concluding
observations (para. 20), the Committee remains concerned that domestic violence is not
48
GE.14-12596
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