(e)
Ensure independent judicial oversight separate from the Procuracy of the period and
conditions of pretrial detention, including that imposed by the Ministry of Security; and
(f)
Ensure prompt, impartial and full investigations into all complaints and into all instances
of deaths in custody, making results available to relatives of the deceased.
Trafficking and violence against women and children
(8)
There are persistent reports of trafficking in women and children, the alleged involvement of officials in acts
of trafficking and a notable absence of information on sentences handed down to State agents under articles 130 and
132 of the Criminal Code. The Committee is concerned about continuing allegations of violence and abuse of
women and children, including sexual violence.
The State party should take effective measures to prosecute and punish violence against women and
children and trafficking in persons, including developing, monitoring, adopting appropriate legislation
and raising awareness of the problem, and including the issue in training of law enforcement personnel
and other relevant groups.
Juvenile justice system
(9)
The State party lacks a well-functioning juvenile justice system in the country, with children often being
subjected to the same procedures, laws and violations as adults.
The State party should take the necessary steps to protect juveniles from breaches of the Convention,
and ensure the proper functioning of a juvenile justice system in compliance with international
standards.
Independence of the judiciary
(10) In the State party, there is inadequate independence and effectiveness of the judiciary, as judges are both
appointed and dismissed by the President and the Procuracy has the double responsibility for prosecution and
oversight of investigations into complaints, and it is empowered to prevent implementation of court decisions.
The State party should:
(a)
Make every effort to guarantee the independence of the judiciary fully in line with the
Basic Principles on the Independence of the Judiciary;
(b)
Establish a fully independent body outside the Procuracy to provide oversight on the
proper conduct of investigations, which is empowered to receive and investigate individual complaints.
(11) There is a limited practice of the Constitutional Court in reviewing the conformity of domestic legislation
with the Constitution and international human rights norms.
The State party should expand the scope of the Constitutional Court to ensure that domestic legislation
is in line with the Constitution and international human rights instruments.
Applicability of the Convention
(12) There is a failure by courts to invoke directly the Convention in proceedings as well as a failure to train
judges on its direct applicability.
The State party should take all appropriate measures, including legislation and training, to ensure
that domestic courts of general jurisdiction actively apply international human rights norms, and in
particular the Convention, in proceedings, as provided in article 10 of the Constitution of the State
party.
44
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