B. Positive aspects
143. The Committee welcomes the ongoing efforts of the State party to reform its legal
system, revise its legislation and uphold democratic values, in particular:
(a)
The establishment of the Human Rights Ministry in 2003 aimed at promoting and
ensuring respect for human rights, including consideration of individual complaints;
(b)
The permission granted to many non-governmental organizations to operate freely
in the country;
(c)
The provisions of enacted laws protecting human rights, for example, article 149
of the Constitution; article 6 of the Code of Criminal Procedure No. 3 of 1994; article 21 of the
Code of Military Crimes and Penalties, 1998; article 9 of the Police Corps Act No. 15/2000;
article 35 of the Penal Code; and the ratification by Act No. 36 of 1983 of the Arab Convention
on Judicial Cooperation;
(d)
The stated intention of the State party to ratify the Rome Statute of the
International Criminal Court and steps taken at the national level in this respect;
(e)
The ratification of the major human rights instruments and the incorporation of
the provisions of these international treaties into the domestic legal order;
(f)
The human rights education and training activities and the State party’s openness
to international cooperation, as reflected in the agreement concluded with the Office of the
High Commissioner for Human Rights;
(g)
The assurances received from the delegation that it intends to establish special
institutions (“halfway houses”) to receive vulnerable women leaving prison;
(h)
The access accorded to the International Committee of the Red Cross to persons
held by the Political Security Department.
C. Factors and difficulties impeding the implementation of the Convention
144. The Committee, while aware of the difficulties that the State party faces in its prolonged
fight against terrorism, recalls that no exceptional circumstances whatsoever can be invoked as a
justification for torture. It stresses in particular that the reactions of the State party to such
threats must be compatible with article 2, paragraph 2, of the Convention and within the limits of
Security Council resolution 1373 (2001).
D. Subjects of concern
145.
The Committee expresses concern about the following:
(a)
The lack of a comprehensive definition of torture in the domestic law as set out in
article 1 of the Convention;
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