CAT/C/HND/CO/2
Criminal Code still provides for different punishments depending on the gravity of the harm
caused to the victim without establishing criteria that would enable an objective assessment
of that harm. The Committee also takes note of the explanations provided by the delegation
on the ongoing work to bring the definition and punishment of the offence of torture in
military criminal law into line with the Convention (art. 4).
10.
Recalling that penalties commensurate with the gravity of the crime of torture
are indispensable if they are to have a deterrent effect, the Committee urges the State
party to amend its criminal legislation, including its military criminal legislation, so as
to ensure that all acts of torture are punishable by appropriate penalties that take into
account their grave nature, in accordance with article 4 (2) of the Convention.
Safeguards
11.
According to the information provided by the State party, the number of public
defenders working in police stations and courts remains insufficient, despite the
introduction of a special shift to respond to requests for free legal assistance. The
Committee is also concerned by the complaints of arbitrary arrests made for identification
purposes, the irregularities in the maintenance of and access to detention records, and the
difficulties faced by persons in police custody seeking an independent medical examination
(art. 2).
12.
The State party should:
(a)
Ensure that, in practice, persons deprived of their liberty enjoy all the
fundamental legal safeguards from the moment of their arrest, in particular the right
to be informed of the reasons for their arrest and the nature of the charges against
them, the right to be registered at the place of detention, the right to receive prompt
legal assistance and the right to request a medical examination by a doctor of their
choice;
(b)
Ensure that detention registers are properly maintained and guarantee
access to those registers;
(c)
Defence.
Strengthen the resources available to the Directorate-General of Public
Militarization of public security services and the prison system
13.
In view of the State party’s efforts to reduce the high levels of violence associated
with transnational organized crime and gangs, the Committee expresses concern about the
reports of numerous complaints of human rights violations, including acts of torture,
committed by members of the armed forces in the performance of police duties. In this
connection, the Committee notes with concern that, although Decree No. 198-2011 of 11
November 2011 authorized the army to perform police duties “temporarily” and “in
emergencies”, the period during which this decree-law is in force has been extended and the
armed forces’ powers expanded by subsequent amendments to the Organic Act on the
National Police. Other causes for concern are the proliferation of new security forces and
agencies, the privatization of public security work and alleged abuses by employees of
private security companies (arts. 2, 11, 12, 13 and 16).
14.
The State party should ensure that all cases and complaints of human rights
violations and abuses, including those related to acts of torture and ill-treatment, are
investigated promptly, effectively and impartially and that the perpetrators are tried
and given sentences commensurate with the gravity of their acts. The Committee
urges the State party to live up to its public commitment to begin to redeploy those
armed forces supporting the forces of law and order during the last quarter of 2016.
GE.16-14849
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