CAT/C/RWA/CO/2 the Committee notes with concern that the Law does not define criteria for the selection of these people and their period of stay in the centre but instead refers to a ministerial order for further regulation. Although the Gikondo Transit Centre in Kigali has been regulated by such an order since 2015, the Committee is concerned that the overall length of the detention in this centre is not limited, its necessity is not reviewed by a court, and the detainees are not afforded due process rights and cannot challenge the legality of their detention. The Committee is also concerned by information that, despite marginal improvements, the conditions in all transit centres remain extremely harsh, and children are reportedly detained in the same building as adults. The Committee is particularly disturbed at reports that people detained, including children, are regularly beaten and that, as a result of the beatings, a lack of medical care and poor detention conditions, several persons have allegedly died during or just after their detention. While noting the State party’s affirmation that there have been no deaths in transit centres, the Committee regrets the State party’s failure to clarify whether or not there have been investigations into allegations of violence or deaths inside the centres (arts. 2 and 11–13). 31. The State party should: (a) Abolish the current system of involuntary detention in “transit” and “rehabilitation” centres, which allows persons to be arbitrarily detained without due process safeguards, making them vulnerable to abuse; (b) Release all persons detained in transit centres, unless there is a reasonable suspicion that they have committed a criminal offence, in which case they should be brought promptly before a judge; (c) Prioritize the use of community-based or alternative social care services for persons who are in street situations or dependent on drugs, including the placement of children in family-based settings; (d) Promptly, impartially and effectively investigate all allegations of illegal detention, ill-treatment and deaths in transit or rehabilitation centres, duly prosecute perpetrators and officials who were complicit or allowed those acts to occur and hold them accountable; (e) Provide adequate redress to all persons who have been arbitrarily detained in transit and rehabilitation centres and their families. National human rights commission 32. While noting that the National Commission for Human Rights has the mandate to visit places of detention, the Committee is concerned that there has been no mention of arbitrary detention in military facilities in the Commission’s annual reports for the past 10 years, in spite of allegations from former detainees in military custody claiming that they had reported their cases to the Commission. In view of the above, the Committee regrets the State party’s failure to clarify whether or not the Commission had visited places under military control and how many complaints of torture it had received from persons detained in those places (arts. 2, 11 and 13). 33. The State party should take the necessary legislative and other measures to ensure, in law and in practice, the independence of the National Commission for Human Rights, so that it investigates promptly and impartially all allegations of torture and ill-treatment that it receives and reports on illegal detention and on complaints of torture in its annual reports. National preventive mechanism 34. The Committee takes note of the current revision of the Law on the National Commission for Human Rights to provide for the establishment and mandate of the national preventive mechanism, but it regrets the lack of specific information on the resources that will be allocated, whether the mechanism will have access to military facilities and how its independence will be guaranteed (arts. 2, 11 and 13). 35. The Committee urges the State party to make the necessary legislative amendments to ensure that the National Commission for Human Rights effectively 8

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