Non-refoulement and extraditions
(13) There is a failure by the State party to provide access to lawyers and to appeal bodies for the purpose of
challenging a deportation decision for persons at risk of deportation to countries where there are substantial grounds
for believing that they would be in danger of being subjected to torture.
The State party should fully implement its obligations under article 3 of the Convention, and
cooperate with representatives of the Office of the United Nations High Commissioner for Refugees,
including granting effective access to files pertaining to asylum-seekers.
Training
(14) There is a lack of training by officials on the prohibition against torture. In particular, the Committee is
concerned about the lack of practical training for (a) doctors, in the detection of signs of torture or ill-treatment of
persons who have been or are in custody; and (b) law enforcement personnel and judges, in initiating prompt and
impartial investigations.
The State party should ensure that law enforcement, judicial, medical and other personnel who are
involved in custody, interrogation or treatment or who otherwise come into contact with detainees, are
provided with the necessary training with regard to the prohibition of torture. It should also ensure
that the requalification procedure (“re-attestation”) of those personnel include both verification and
an awareness of the Convention’s requirements and a review of their records in treating detainees.
Interrogation
(15) There are continuing and reliable allegations concerning the frequent use of interrogation methods that are
prohibited by the Convention by both law enforcement officials and investigative bodies.
The State party should ensure that no recourse is made by law enforcement personnel, under any
circumstance, to interrogation methods that constitute torture or ill-treatment. Further, the State
party should ensure that interrogation guidelines and methods are in full conformity with the
Convention.
Systematic review of all places of detention
(16) There are reports that there is no systematic review of all places of detention, by national or international
monitors, and that regular and unannounced access to such places is not permitted.
The State party should consider setting up a national system to review all places of detention and
cases of alleged abuses while in custody, ensuring that national and international monitors are
granted permission to carry out regular, independent, unannounced and unrestricted visits to all
places of detention. To that end, the State party should establish transparent administrative
guidelines and criteria for access, and facilitate visits by independent national monitors and others
such as the International Committee of the Red Cross, the Office of the United Nations
High Commissioner for Human Rights and independent non-governmental organizations. The State
party should consider becoming party to the Optional Protocol to the Convention.
Impunity
(17) There is an apparent lack of convictions under article 117 of the Criminal Code of public officials or others
acting in an official capacity for acts of torture and ill-treatment and a very small number of convictions under
domestic law for violations of the Convention, despite numerous allegations of torture and ill-treatment. Further, the
Committee is concerned about the fact that acts of torture and ill-treatment in the years 1995 to 1999 were
immunized from punishment by amnesty laws, thereby entrenching impunity of those responsible for torture, and a
lack of reparation for the victims.
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