CAT/C/MDG/CO/1
National human rights institution
14.
The Committee regrets that the political crisis of 2009 prevented the appointment of
members of the National Human Rights Council, and that the Council has been unable to
function since its establishment in 2008 (arts. 2, 12, 13 and 16).
The State party should ensure the effective and independent operation of this
institution by allocating the human resources and funding it needs to fulfil its
mandate, which in particular involves the investigation of allegations of torture and
ill-treatment. The Committee encourages the State party to request technical
assistance from the Office of the United Nations High Commissioner for Human
Rights to ensure that the institution complies with the principles relating to the status
of national institutions for the promotion and protection of human rights set forth in
the annex to General Assembly resolution 48/134 (the Paris Principles).
Hostage-taking of relatives
15.
The Committee deplores the fact that women have allegedly been arrested and
detained in order to force their husbands to turn themselves over to the police (arts. 12 and
16).
The State party should put an end to the practice of taking relatives of suspected
criminals hostage and should expedite investigations with a view to punishing those
responsible. This practice is a grievous violation of domestic law and the fundamental
principles of human rights.
Prisoners on death row and capital punishment
16.
While noting that the State party has applied a de facto moratorium on the death
penalty by systematically commuting death sentences to prison terms, the Committee
regrets that the moratorium has not been given formal expression under the law (arts. 2, 11
and 16).
The State party should maintain the de facto moratorium on the use of capital
punishment and consider passing a law systematically commuting death sentences to
prison terms. The Committee would like more information addressing reports that
death sentences continue to be handed down and concerning prison conditions on
death row, the amount of time it generally takes to commute death sentences to prison
terms, the treatment of convicts sentenced to death and the right of such convicts to
receive visits from family members and their lawyers. The Committee also encourages
the State party to ratify the Second Optional Protocol to the International Covenant
on Civil and Political Rights, aiming at the abolition of the death penalty.
Training
17.
While noting that human rights training sessions have been organized, the
Committee regrets the failure to assess the impact of that training in terms of the
improvement of the human rights situation, as well as the lack of specific training in
methods for detecting the physical and psychological sequelae of torture (art. 10).
The Committee recommends that the contents of the Manual on Effective
Investigation and Documentation of Torture and Other Cruel, Inhuman or Degrading
Treatment or Punishment (the Istanbul Protocol) be incorporated into forthcoming
training sessions for law enforcement and medical personnel and be circulated among
prison and medical personnel. The State party should also assess the impact and
effectiveness of these training programmes.
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GE.11-47941