A/HRC/34/54/Add.1
(i)
Ensure that, once operational, the National Preventive Mechanism
against Torture is fully independent and impartial, is provided with sufficient funds to
carry out its activities and is guaranteed access to all locations where individuals are
deprived of liberty, including detention facilities, penitentiaries, gendarmerie and
police stations and other, less traditional, places of deprivation of liberty.
120. Regarding prompt, thorough and impartial investigations, the Mauritanian
judiciary should:
(a)
Effectively abide by its obligation to genuinely investigate and prosecute
all those suspected of torture and ill-treatment, in accordance with the international
legal obligation of Mauritania, and ensure that investigations are launched ex officio
without any need for formal complaints by prosecutors and investigative magistrates
whenever there are reasonable grounds to suspect torture or ill-treatment;
(b)
Ensure that allegations of torture and ill-treatment are admitted at all
stages of judicial proceedings;
(c)
Hold criminally responsible the perpetrators of torture and ill-treatment
and impose adequate disciplinary measures;
(d)
Ensure that the exclusionary rule with regard to evidence obtained
under torture is fully implemented by the courts and that confessions in criminal
proceedings are not admitted as evidence in the absence of any corroborating
evidence;
(e)
Ensure the regular, unimpeded and unsupervised access of each detainee
to the relevant prosecutor and/or investigative magistrate, through regular visits to
places of deprivation of liberty and upon the request of the detainee, to allow for the
submission of complaints of torture and ill-treatment;
(f)
Ensure that victims of torture and ill-treatment receive adequate
compensation, including full rehabilitation, and that they are not subject to reprisal.
121. Regarding control of demonstrations, the Special Rapporteur recommends that
the Government:
(a)
Act in compliance with international standards on the principles of
necessity and proportionality in relation to the use of force, such as the Basic
Principles on the Use of Force and Firearms by Law Enforcement Officials, with
respect for the right to life and physical integrity;
(b)
Provide adequate training for law enforcement personnel on crowd
control to prevent the excessive use of force;
(c)
Investigate allegations of excessive use of force against protestors and
prosecute and punish perpetrators, even in the absence of a formal complaint.
122. Regarding migrants and refugees, the Special Rapporteur recommends that the
Government:
(a)
Respect the fundamental human rights of migrants and refugees,
including the right to not be returned or sent to places where they are at risk of
torture or ill-treatment (non-refoulement) in accordance with article 3 of the
Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or
Punishment;
(b)
Ensure that illegal migrants are detained in conformity with the Nelson
Mandela Rules.
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