(5)
The Committee also notes with satisfaction the following developments:
(a)
Establishment of the Office of the Human Rights Commissioner (Ombudsman) in 2002;
(b)
Establishment of a Central Public Monitoring Commission in 2005 and regional independent public
monitoring commissions in 2004, with the authority to inspect detention facilities;
(c)
Reforms of the criminal justice system, decriminalization of a number of offences and the introduction
of probation and community service and other forms of alternative sentencing, leading to a decrease in the total
population incarcerated and the improvement of conditions of detention;
(d)
Preparation and distribution to all detainees of a pamphlet informing them of their rights, and public
information on the reforms being carried out in correctional institutions;
(e)
Adoption of a national programme on combating violence against women in the police system at the
regional level;
(f)
Development of a programme for the training of internal affairs officers in international human rights
norms, aimed at the improvement of their professional skills, legal thinking and legal culture;
(g)
Reduction of the scope of the application of the death penalty, extension of the moratorium on death
penalty in 2004, and amendment of the Criminal Code to introduce life imprisonment instead of capital punishment.
C. Main subjects of concern and recommendations
Definition of torture
(6)
While the Committee acknowledges the efforts made by the State party to enact new legislation incorporating
the definition of torture of the Convention into domestic law, it remains concerned that the definition in the new
article 347-1 of the Criminal Code does not contain all the elements of article 1 of the Convention, restricts the
prohibition of torture to the actions of “public officials” and does not cover acts by “other persons acting in an
official capacity”, including those acts that result from instigation, consent or acquiescence of a public official. The
Committee notes further with concern that the definition of article 347-1 of the Criminal Code excludes physical and
mental suffering caused as a result of “legitimate acts” on the part of officials (art. 1).
The State party should bring its definition of torture fully into conformity with article 1 of the
Convention, so as to ensure that all public officials can be prosecuted under article 347-1 of the
Criminal Code and to make a distinction between acts of torture committed by or at instigation of or
with consent or acquiescence of public official or any other person acting in an official capacity. The
State party should also ensure that only pain or suffering arising from, inherent in or incidental to
lawful sanctions are excluded from the definition.
Torture and ill-treatment
(7)
The Committee is concerned about consistent allegations concerning the frequent use of torture and
ill-treatment, including threat of sexual abuse and rape, committed by law enforcement officers, often to extract
“voluntary confessions” or information to be used as evidence in criminal proceedings, so as to meet the success
criterion determined by the number of crimes solved (arts. 2, 11 and 12).
The State party should apply a zero-tolerance approach to the persistent problem of torture and cruel,
inhuman or degrading treatment or punishment, in particular:
(a)
Publicly and unambiguously condemn practices of torture in all its forms, directing this
especially to police and prison staff, accompanied by a clear warning that any person committing such
acts or otherwise complicit or participating in torture or other ill-treatment be held responsible before
the law for such acts and subject to penalties proportional with the gravity of their crime;
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