(6)
The Committee takes note of the proposed revision of the Criminal Code, which would incorporate
provisions on the definition and criminalization of acts of torture and other cruel, inhuman or degrading treatment or
punishment.
(7)
The Committee welcomes the holding in 2003 of a justice summit, and notes with satisfaction that the six
main lines of action in the judicial reform programme adopted in 2005 include training for judicial personnel, the
fight against corruption and impunity, and the harmonization of legal and judicial provisions with human rights
treaties, notably by revising the Criminal Code and the Code of Criminal Procedure.
(8)
The Committee also welcomes the promulgation in 2002 of Act No. 06/PR/2002 on the promotion of
reproductive health, which sets out the right not to be subjected to torture or to cruel, inhuman or degrading
treatment of a person’s body in general and their reproductive organs in particular, and which prohibits, among other
things, female genital mutilation, early marriage, domestic violence and sexual violence.
(9)
The Committee takes note with satisfaction of the introduction of education in human rights and international
humanitarian law in the syllabuses of the colleges of the national police, the national gendarmerie and army officers,
as well as the establishment of the Reference Centre for International Humanitarian Law.
(10) The Committee welcomes the signing by the State party in 2006 of the Multilateral Agreement on Regional
Cooperation and the regional Action Plan against Trafficking in Persons, especially Women and Children.
(11)
The Committee welcomes the State party’s ratification of the following:
(a)
The Rome Statute of the International Criminal Court, in November 2006;
(b)
The optional protocols to the Convention on the Rights of the Child on the sale of children, child
prostitution and child pornography and on the involvement of children in armed conflict, in August 2002;
(c)
The International Labour Organization (ILO) Convention concerning Minimum Age for Admission to
Employment (No. 138, of 1973), in March 2005;
(d)
The ILO Convention concerning the Prohibition and Immediate Action for the Elimination of the
Worst Forms of Child Labour (No. 182, of 1999), in November 2000.
(12) The Committee welcomes the lifting of the immunity of the former Chadian Head of State, Hissène Habré,
and the State party’s clear determination to cooperate fully with the judicial authorities responsible for investigating
and conducting proceedings against Mr. Habré.
C. Main subjects of concern and recommendations
Definition of torture
(13) The Committee is concerned at the absence of an explicit definition of torture in the current Criminal Code
that would make acts of torture punishable under criminal law, in accordance with articles 1 and 4 of the
Convention. While welcoming the bill to revise the Criminal Code, which does contain a definition of torture, the
Committee is concerned that the definition is incomplete and is therefore not entirely in conformity with article 1 of
the Convention (arts. 1 and 4).
The State party should urgently revise and adopt the bill amending and supplementing the Criminal
Code so that the Code includes a definition of torture in conformity with article 1 of the Convention, as
well as provisions criminalizing acts of torture and making them punishable by criminal penalties
proportional to the seriousness of the acts committed.
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