A/69/44
(j)
The Convention on the Rights of Persons with Disabilities, on 8 February
2008;
(k)
The Optional Protocol to the Convention on the Rights of Persons with
Disabilities, 8 February 2008;
(l)
The Optional Protocol to the Convention on the Rights of the Child on the
sale of children, child prostitution and child pornography, on 16 November 2011.
(5)
The Committee also welcomes with satisfaction the legislative measures taken by
the State party to give effect to the Convention, in particular:
(a)
Decree No. D289/PRG/SGG/2011 of 28 November on the establishment of
the Code of Conduct for members of the military and security forces;
(b)
Act No. L/2008/011/AN of 19 August 2008 establishing the Children’s Code;
(c)
Act No. L010/AN/2000 of 10 July 2000 on reproductive health, which
prohibits female genital mutilation.
(6)
The Committee welcomes with satisfaction the steps taken by the State party to
modify its policies, programmes and administrative procedures, including:
(a)
The establishment of a National Observatory for Democracy and Human
Rights by a decree of the Prime Minister dated 12 June 2008;
(b)
The establishment of a Ministry of Human Rights and Public Freedoms in
October 2012;
(c)
The formulation of a strategic plan to combat female genital mutilation
covering the period 2012–2016;
(d)
The establishment of a Provisional National Reconciliation Commission;
(e)
The establishment of a Working Group on legislative reform of the Criminal
Code, the Code of Criminal Procedure and the Military Justice Code;
(f)
The establishment of the National Strategy to Combat Sexist Violence;
(g)
The establishment in August 2012 of a special police unit to deal with
trafficking in persons.
C.
Principal subjects of concern and recommendations
Definition and criminalization of torture
(7)
Notwithstanding the preparation by the Legislative Reform Commission of draft
revised texts of the Criminal Code, the Code of Criminal Procedure and the Military Justice
Code which incorporate the definition of torture as set out in article 1 of the Convention,
the Committee remains concerned at the fact that no definition of torture as such is
contained anywhere in Guinea’s domestic law. The Committee is also extremely concerned
that such acts are not yet considered to constitute criminal offences in themselves but are
criminalized only when they constitute an aggravating circumstance in the context of
another criminal offence, as stipulated in article 287 of the Guinean Criminal Code (arts. 1
and 4).
The Committee urges the State party to fill all gaps in its legislation where acts of
torture and ill-treatment are concerned, so that any person committing such an act,
whether perpetrator or accomplice, shall be personally held responsible before the
law, subject to criminal prosecution and duly punished. It therefore strongly urges the
State party to ensure that the Reform Commission revises legislation with a view to
making an act of torture or ill-treatment a separate criminal offence, with a view to
GE.14-12596
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