CAT/C/RWA/CO/2
Impunity for acts of torture and ill-treatment
22.
The Committee expresses concern at the fact that, despite the numerous allegations
of torture raised by detainees during their trials, since 2012 only 11 cases of torture have
been prosecuted and six persons have been convicted. While noting the information that
victims of torture in military custody have rarely filed formal complaints about their
treatment for fear of reprisals, the Committee is concerned by the delegation’s position that
the onus regarding crimes of torture should be on the complainant, who should prove the
allegation. It is also concerned at the State party’s failure to clarify whether it has ever
initiated an investigation ex officio on the basis of allegations of torture or as a result of
information reported by doctors, despite the questions raised during the dialogue (arts. 2, 12,
13 and 16).
23.
The Committee urges the State party to establish an independent oversight
mechanism to facilitate the submission of complaints by victims of torture and illtreatment and to ensure prompt, impartial and effective investigations into all these
allegations. The State party should also:
(a)
Ensure that all allegations of torture and ill-treatment are promptly
investigated in an impartial manner by the independent mechanism, that there is no
institutional or hierarchical relationship between that body’s investigators and
suspected perpetrators of such acts, and that the suspected perpetrators are duly tried
and, if found guilty, punished in a manner that is commensurate with the gravity of
their acts;
(b)
Ensure that the authorities launch investigations ex officio whenever
there are reasonable grounds to believe that an act of torture or ill-treatment has been
committed;
(c)
Ensure that, in cases of alleged torture and ill-treatment, suspected
perpetrators are suspended from duty immediately for the duration of the
investigation, particularly when there is a risk that they might otherwise be in a
position to repeat the alleged act, commit reprisals against the alleged victim or
obstruct the investigation;
(d)
Ensure that complainants are protected against any reprisal as a
consequence of their complaint or any evidence given;
(e)
Compile disaggregated statistical information relevant to the monitoring
of the Convention, including data on complaints, investigations, prosecutions and
convictions in cases of torture and ill-treatment.
Excessive pretrial detention
24.
The Committee is concerned that, in accordance with the Code of Criminal
Procedure, persons suspected of offences punishable with at least two years’ imprisonment
can be placed in provisional detention pending investigation without the need to specify any
other ground. As regards offences punishable with lower penalties, the Committee notes
with concern that provisional detention could be ordered if it is “in the interest of public
safety” (art. 2).
25.
The Committee recommends that the State party:
(a)
Amend its legislation with a view to reducing the use of pretrial
detention, which should be applied only as an exceptional measure, on the basis of an
individualized determination that it is reasonable and necessary taking into account
all the circumstances, and not based on a particular penalty or vague standards such
as “public security”;
(b)
Ensure increased use of alternatives to pretrial detention, in accordance
with the United Nations Standard Minimum Rules for Non-custodial Measures (the
Tokyo Rules) and the United Nations Rules for the Treatment of Women Prisoners
and Non-custodial Measures for Women Offenders (the Bangkok Rules);
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