Prevention of torture
(15) The Committee welcomes the entry into force on 30 May 2006 of the Police Service Code of Ethics, a central
tenet of which is the obligation of the police services to respect and protect human rights and fundamental freedoms
and which establishes strict conditions for the use of coercive measures and of force. The Committee nevertheless
regrets that the Code does not explicitly prohibit torture. It notes that the Code contains several articles relating to
the way in which the police must behave when dealing with individuals deprived of their liberty but remains
concerned that it makes no mention of any sanctions to which police officials may be liable if they fail to meet their
obligations (art. 11).
The State party should take appropriate steps to explicitly include the prohibition of torture in the
Police Service Code of Ethics and ensure that police officers perform their duties with the full
knowledge that torture is prohibited in any territory under the State party’s jurisdiction. The
Committee likewise recommends that the Code specify the sanctions to which police officers are liable
if they fail to fulfil their obligations.
Protection of minors
(16) While taking note of the amendment introduced by article 15 of the Act of 13 June 2006 which gives minors
the right to legal counsel when being questioned by an investigating judge, the Committee is deeply concerned that
the requirement that legal counsel or a trusted adult be present during questioning of minors is rarely respected
(art. 11).
The Committee recommends that the State party implement the pilot project for the audio- and
videotaping of the questioning of minors, but stresses that this initiative cannot replace the presence of
a third party during hearings of minors, including minors who have witnessed or been the victims of
certain offences. The State party should continue its efforts to ensure that minors have a lawyer and a
trusted adult present at every phase of a proceeding, including during questioning by a police officer,
whether or not the minor has been deprived of liberty.
Administration of juvenile justice
(17) The Committee remains concerned that pursuant to article 38 of the Youth Protection Act of 8 April 1965,
persons under the age of 18 can be tried as adults. Recalling the concluding observations adopted by the Committee
on the Rights of the Child in 2002 (CRC/C/15/Add.178), the Committee is concerned that a holistic approach to the
problem of juvenile crime, including with respect to prevention procedures and sanctions, has not been sufficiently
taken into consideration by the State party (art. 11).
The Committee recommends that the State party establish a system of juvenile justice that fully
integrates into its legislation and practice the provisions of the Convention on the Rights of the Child
and that it ensure that persons under the age of 18 are not tried as adults.
Prison overcrowding
(18) The Committee acknowledges the measures taken by the State party to address the problem of overcrowding
in prisons, such as the building of new prisons and the use of alternatives to detention, but remains concerned by the
poor conditions of detention in penal establishments. The Committee is particularly concerned at the inadequacy of
internal inspections, the unsuitable and dilapidated buildings and the poor sanitary conditions. It is also concerned at
the increase in the incidence of violence between inmates (arts. 11 and 16).
The Committee recommends that the State party take the necessary steps to ensure the earliest
possible ratification of the Optional Protocol to the Convention and establish a national body
responsible for conducting regular visits to places of detention with a view to preventing torture or any
other cruel, inhuman or degrading treatment. It likewise recommends that the State party consider
instituting alternative measures to detention rather than increasing prison capacity.
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