CAT/C/MUS/CO/3
overcrowding in some prisons of the State party (in particular in the Beau Bassin, Petit
Verger and GRNW prisons), and that prison conditions are inadequate, that separation
between remand and convicted detainees is not always guaranteed, as well as about a high
rate of inter-prisoner violence. The Committee is also concerned about the high rate of
remand detainees (arts. 11 and 16).
The State party should take additional appropriate measures to reduce
overcrowding and improve conditions in all prisons. The Committee also urges the
State party to make use of alternative and non-custodial measures and to reduce pretrial detention periods. The State party should also take measures to ensure the
separation of remand detainees and adopt a plan to reduce inter-prisoner violence.
Complaints, investigations and prosecutions
15.
The Committee is concerned that only few complaints for torture, excessive use of
force or ill-treatment by law enforcement or prison officers or cases of death occurred in
police custody are investigated and prosecuted and do not usually lead to compensation
(arts. 12, 13 and 14).
The State party should systematically conduct impartial, thorough and effective
inquiries into all allegations of violence committed by the police or prison officers, and
prosecute and punish the perpetrators in proportion to the seriousness of their acts. It
should also ensure that victims or their families obtain redress and fair and adequate
compensation, including means for as full rehabilitation as possible. The State party
should inform the Committee of the outcome of current proceedings and on the
results of the appeal lodged by the Director of Public Prosecutions against the case
dismissing four police officers accused.
Violence against women, including domestic violence
16.
The Committee notes efforts undertaken by the State party to combat domestic
violence, in particular violence against women and children, such as the amendment
brought in 2004 to the Protection from Domestic Violence Act and a number of plans and
strategies adopted and implemented as well as mechanisms established. However, the
Committee is concerned that domestic violence, in particular violence against women and
children, including sexual violence persists in the State party and that marital rape is not
criminalized (art. 2 and 16).
The State party should continue to effectively address domestic violence,
including violence against women and children. In this regard, the State party should
ensure the entry into force of the amendments brought to the Protection from
Domestic Violence Act in 2007; continue to conduct awareness-raising campaigns and
training of its officials on domestic violence, including sexual violence. The State party
should also take measures to facilitate complaints by victims and inform them about
recourse available. It should investigate, prosecute and punish those responsible.
Moreover, the State party should specifically criminalize marital rape in its Criminal
Code and adopt, as soon as possible, the Sexual Offences Bill which is under
preparation.
Corporal punishment and child abuse
17.
While taking note of the information supplied by the State party, according to which
section 13 of the Child Protection Act makes an offence to expose any child to harm, the
Committee is concerned that corporal punishment is not fully prohibited in the legislation
of the State party, including in penal institutions and in alternative care settings. The
Committee is also concerned at information provided by the State party that some cases of
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