CAT/C/NPL/CO/2
page 7
(g)
The State party should take the necessary steps to protect juveniles
from breaches of the Convention, and ensure proper functioning of a juvenile
justice system in compliance with international standards, differentiating treatment
according to age.
Systematic review of all places of detention
22.
The Committee is concerned about the lack of an effective systematic review of all places
of detention, including regular and unannounced visits to such places by national and
international monitors.
The State party should consider setting up a national system to review all places of
detention, and react to findings of the systematic review.
23.
The Committee is also concerned that in a number of instances, national and international
monitors were not granted either access to places of detention or sufficient cooperation in their
fact-finding visits. The Committee is further concerned about the adoption of the new Code of
Conduct for Non-Governmental Organizations, which will, inter alia, severely limit the
monitoring capacity of NGOs.
The Committee recommends that the State party consider amending the Code of
Conduct for Non-Governmental Organizations so that it is in line with international
human rights standards on the protection of human rights defenders. The State
party should ensure that national and international monitors are granted
permission to carry out regular, independent, unannounced and unrestricted visits
to all places of detention. The State party should facilitate visits by, for example, the
International Committee of the Red Cross, OHCHR, the National Human Rights
Commission, and national and international NGOs.
Impunity
24.
The Committee is concerned about the prevailing climate of impunity for acts of torture
and ill-treatment and the continued allegations of arrests without warrants, extrajudicial killings,
deaths in custody and disappearances (art. 12).
The State party should send a clear and unambiguous message condemning torture
and ill-treatment to all persons and groups under its jurisdiction. The State party
should take effective legislative, administrative and judicial measures to ensure that
all allegations of arrest without warrants, extrajudicial killings, deaths in custody
and disappearances are promptly investigated, prosecuted and the perpetrators
punished. In connection with prima facie cases of torture, the accused should be
subject to suspension or reassignment during the investigation.
25.
While acknowledging the establishment of human rights cells in the security forces, the
Committee is concerned about the lack of an independent body able to conduct investigations
into acts of torture and ill-treatment committed by law enforcement personnel.