(a) The procedure relating to terrorist offences should be reviewed for
the purpose of establishing a prosecution system which is effective but which
preserves the independence and impartiality of the courts and the right of
defence, with the elimination of so-called "faceless trials" and the holding of
detainees incommunicado;
(b) The military courts should be regulated to prevent them from trying
civilians and to restrict their jurisdiction to military offences, by
introducing the appropriate legal and constitutional changes;
(c) The Judicature Council and the Ombudsman should start operating as
soon as possible;
(d) The activities of the procurators’ offices should be strengthened and
they should be provided with the means necessary to perform their functions;
(e) The possibility of making the declarations provided for in the
Convention in the circumstances described in articles 21 and 22 should be
analysed;
(f) Consideration should be given to defining torture as an independent
offence punishable by a penalty appropriate to its seriousness;
(g) The efforts to educate medical and law-enforcement personnel, civil
and military, should be intensified, as should the programmes for the full
rehabilitation of victims.
Monaco
74. The Committee considered the initial report of Monaco (CAT/C/21/Add.1) at
its 195th and 196th meetings, held on 10 November 1994 (see CAT/C/195 and 196
and Add.2), and adopted the following conclusions and recommendations.
A.
Introduction
75. The Committee thanks the Government of Monaco for its report, even though
it is very brief and not in conformity with the Committee’s guidelines. It also
listened with interest to the oral report and clarifications presented by the
Monegasque delegation. The Committee wishes to thank the delegation for its
replies and for the spirit of open-minded cooperation in which the dialogue was
conducted.
B.
Positive aspects
76. The Committee appreciates the determination of Monaco to guarantee respect
for and the protection of human rights through its accession to a number of
international and regional instruments for the promotion of such rights.
77. The Committee noted with satisfaction and sets special store by the fact
that no governmental or non-governmental body has affirmed the existence of
cases of torture within the meaning of article 1 of the Convention.
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