A/65/44
(d)
The extension under the new Criminal Code (art. 97), which entered into
force on 1 January 2007, of the statute of limitations for serious offences against the sexual
integrity of children to the time when the victim reaches 25 years of age;
(e)
The standardized Code of Civil Procedure (due to enter into force on 1
January 2011);
(f)
The establishment of a National Commission for the Prevention of Torture,
which began working on 1 January 2010, following ratification of the Optional Protocol to
the Convention against Torture and other Cruel, Inhuman or Degrading Treatment or
Punishment.
C.
Principal subjects of concern and recommendations
Definition of torture
(5)
While noting that many acts that amount to torture are criminalized under Swiss
criminal law (arts. 111–117, 122–128, 180–185 and 189–193), the Committee is concerned
that, despite a previous recommendation (CAT/C/CR/34/CHE, paras. 4 (b) and 5 (a)),
Swiss legislation still lacks a definition of torture that covers all the constituent elements set
out under article 1 of the Convention (art. 1).
The Committee reiterates its recommendation that the State party include a definition
of torture in its Criminal Code incorporating all elements contained in article 1 of the
Convention.
Fundamental safeguards
(6)
While taking into account the State party’s federal structure, the Committee is
concerned by the fact that the cantons can differ in how they implement the State party’s
obligations under the Convention (art. 2).
The State party should take the necessary steps to ensure that the authorities of all the
cantons are aware of the rights stipulated in the Convention, and that they implement
them as soon as possible, regardless of the structure of the State party.
(7)
The Committee notes with concern that the State party has not yet established a
national human rights institution, with broad competence in the area of human rights, in
accordance with the Paris Principles. The Committee notes the State party’s initiative to
carry out a five-year pilot project aimed at creating a “human rights centre” through a call
for tenders to universities, but considers that this is no substitute for establishing a national
human rights institution (art. 2).
The State party should consider establishing a national human rights institution, with
broad competence in the area of human rights and equipped to play a role in the
coordination and implementation of human rights policies and the implementation of
recommendations by treaty bodies, and providing it with the necessary financial and
human resources to enable it to work in accordance with the Paris Principles (General
Assembly resolution 48/134).
Police violence
(8)
The Committee is concerned by allegations of violence or the excessive use of force
or other mistreatment by the police during the questioning of suspects in their homes or in
police stations. The Committee is particularly concerned by the fact that some of these
allegations mention an excessive use of force against foreigners, especially asylum-seekers
and migrants, above all of African origin, and particularly in the cantons of Geneva and
Vaud (arts. 2, 12, 13, 14 and 16).
GE.10-44721
121
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