CAT/C/CPV/CO/1
6.
The Committee also welcomes with satisfaction the legislative measures taken by
the State party to give effect to the Convention, in particular:
(a)
The Constitution, revised in 2010, which prohibits torture and ill-treatment
(art. 28 (2)), establishes the inadmissibility of evidence obtained through torture or coercion
(art. 35 (8)), includes the principle of non-refoulement with regard to extradition (art. 38 (1)
(c)) and provides that domestic violence should be punishable by law (art. 82 (9));
(b)
The adoption, in 2011, of Act No. 84/VII/2011 on Gender-based Violence,
and, in 2015, of Decree-Law No. 8/2015, which regulates the provisions of the Act;
(c)
The adoption, in 1992, of Act No. 67/IV/92, establishing a support scheme
for victims of torture and political repression, and, in 1993, of Decree No. 12/93
establishing a compensation scheme for victims of torture and political repression and their
descendants.
7.
The Committee notes the initiatives of the State party to amend its policies and
procedures in order to afford greater protection of human rights and to apply the
Convention, in particular:
(a)
The adoption of two National Plans to Combat Gender-based Violence, one
for the period 2007-2011, adopted in November 2006, and another for the period 20142018, adopted in July 2014;
(b)
The establishment, in 2006, of the Cabo Verdean Institute for Children and
Adolescents, which maintains a hotline for cases of child abuse and coordinates the
intervention of various partners, including police, prosecutors, hospitals and health centres;
(c)
The creation of an inter-institutional and stakeholder network for support and
protection of victims of gender-based violence (Rede Sol);
(d)
violence.
C.
The establishment, in 2014, of support centres for victims of gender-based
Principal subjects of concern and recommendations
Direct application of the Convention by domestic courts
8.
While noting that article 12 of the Constitution establishes that international treaties
ratified by the State party are an integral part of the national legal order and take
precedence over domestic laws, the Committee regrets the lack of information, owing to the
absence of a State party report, on the direct application of the Convention by the domestic
courts (arts. 2 and 12).
9.
The State party should ensure the full applicability of the provisions of the
Convention in the national legal order. It should also compile and provide information
about specific cases in which the Convention has been applied directly by the courts or
has been invoked before them. The State party should also ensure that State officials,
judges, prosecutors and lawyers receive training that covers the provisions of the
Convention and their direct applicability, so that they will be in a position to apply the
Convention directly and to assert the rights established in those provisions before the
courts.
Definition of torture
10.
While welcoming the inclusion of the crime of torture in article 162 of the Criminal
Code, the Committee notes that the crime of torture is limited to acts committed by persons
vested with the specific public functions listed in the article or by persons that usurp those
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