(c)
The fact that the judicial investigation under way since October 2000 into the alleged accomplices of
Hissène Habré has still not been the subject of any procedural action or judicial decision;
(d)
The absence of any measures to protect the complainant and witnesses from ill-treatment or
intimidation once they have filed a complaint or statement, which means that only a small number of complaints are
filed for acts of torture or cruel, inhuman or degrading treatment (arts. 12 and 13).
The State party should demonstrate firm commitment to eliminating the persistent problem of torture
and impunity. It should:
(a)
Publicly and unambiguously condemn the use of all forms of torture, addressing in
particular members of the forces of law and order, the armed forces and prison staff, and including in
its statements clear warnings that any person committing such acts, participating in them or acting as
an accomplice shall be held personally responsible before the law and shall be liable to criminal
penalties;
(b)
Take immediate steps to ensure that in practice all allegations of torture and ill-treatment
are the subject of prompt, impartial and effective investigations and that those responsible - law
enforcement personnel and others - are prosecuted and punished. Investigations should be conducted
by a fully independent body;
(c)
In prima facie cases of torture, suspects should be systematically and immediately
suspended from duty for the duration of the investigation, particularly if there is a risk that they might
otherwise be in a position to obstruct the investigation;
(d)
Ensure that, in practice, complainants and witnesses are protected from any ill-treatment
and acts of intimidation related to their complaint or testimony.
Non-refoulement
(23) The Committee is concerned at the absence of a legislative framework regulating expulsion, refoulement and
extradition consistent with the requirements of article 3 of the Convention. In addition, the Committee is particularly
concerned at the fact that the State party’s current expulsion, refoulement and extradition procedures and practices
may expose individuals to the risk of torture (art. 3).
The State party should adopt a legislative framework regulating expulsion, refoulement and
extradition and revise its current procedures and practices in order to fulfil its obligations under
article 3 of the Convention.
The State party should also review the terms of the 1961 General Agreement on Cooperation in
Judicial Matters and all other judicial cooperation agreements so as to ensure that the transfer of
detainees to another signatory State is carried out under a judicial procedure and in strict compliance
with article 3 of the Convention.
Administration of justice
(24) The Committee is concerned at the numerous shortcomings in the Chadian justice system which undermine
the right to prompt and impartial examination of cases and the right to reparation and compensation, and which
promote impunity. The Committee regrets in particular that the shortcomings highlighted in 2005 by the
independent expert on the situation of human rights in Chad, namely the dependence of the judiciary upon the
executive, the scarcity of physical and human resources and the climate of insecurity affecting certain judges,
continue to apply (E/CN.4/2005/121, para. 5). The Committee notes with concern that because of understaffing
among professional judges, sub-prefects have been given the powers of district judges. Moreover, allegations have
been received of corruption among judges, police officers and gendarmes and of a lack of training for judicial
personnel. The Committee is also concerned that responsibility for the appointment and promotion of judges rests
entirely with the President, which jeopardizes the independence of the judiciary (arts. 2, 13 and 14).
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