CAT/C/BEL/CO/3
5.
The Committee welcomes the efforts made by the State party to amend its
legislation in areas related to the Convention, including:
(a)
The Act of 13 August 2011, which amends the Code of Criminal
Investigation and the Pretrial Detention Act of 20 July 1990 in such a way as to grant
certain rights, including the right to consult and be assisted by a lawyer, to all persons being
questioned and all persons deprived of their liberty (the “Salduz law”);
(b)
The Act of 12 September 2011, which amends provisions in the Foreign
Nationals Act of 15 December 1980 relating to the issuance of temporary residence permits
to unaccompanied foreign minors.
6.
In addition, the Committee welcomes the State party’s efforts to amend its policies,
programmes and administrative procedures in order to give effect to the Convention,
including:
(a)
The 2012–2014 action plan to combat human trafficking and the smuggling
of human beings;
(b)
The 2010–2014 national action plan to combat violence within couples and
other forms of domestic violence;
(c)
The 2008–2012–2016 master plan for the reduction of prison overcrowding.
7.
The Committee takes note with satisfaction of the information provided by the
delegation on cooperation with the Extraordinary African Chambers established within the
courts of Senegal to try Mr. Hissène Habré.
C.
Principal subjects of concern and recommendations
Definition of torture
8.
While taking note of the explanations given by the State party in its report and
during the dialogue, the Committee is of the view that article 417 bis of the Criminal Code,
which defines torture, still does not include all the elements of the definition of torture set
forth in article 1 of the Convention, such as acts of torture committed by a third person at
the instigation of or with the consent or acquiescence of a public official or acts of torture
motivated by discrimination of any kind (art. 1).
The Committee reiterates its earlier recommendation (CAT/C/BEL/CO/2, para. 14),
adopted in November 2008, and requests the State party, as a matter of priority, to
amend article 417 bis of the Criminal Code so that its legal definition of torture
incorporates all the elements contained in article 1 of the Convention. In the light of
its general comment No. 2 (2007) on the implementation of article 2 by States parties,
the Committee considers that, by defining the offence of torture in accordance with
the definition in the Convention, States parties will directly advance the Convention’s
overarching aim of preventing torture.
National human rights institution
9.
The Committee welcomes the State party’s commitment to establish a national
human rights institution and the creation of a working group for that purpose. It regrets,
however, that there is no national institution for the promotion and protection of human
rights that has been accredited with “A” status by the International Coordinating Committee
of National Institutions for the Promotion and Protection of Human Rights (ICC). It notes
that progress towards the establishment of such an institution remains limited and that
consultations with civil society actors have yet to be held (art. 2).
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