(d)
The increase, according to some information, in the number of arrests for political
reasons during the period under consideration, the increase in the number of detainees and
prisoners in general, including political prisoners, and the increase in the number of allegations
of torture and cruel, inhuman or degrading treatment or punishment, allegations implicating the
National Surveillance Directorate (DST);
(e)
The lack of information about measures taken by the judicial, administrative and
other authorities to act on complaints and undertake inquiries, indictments, proceedings and trials
in respect of perpetrators of acts of torture, notably in the case of acts of torture verified by the
Independent Arbitration Commission for compensation for material damage and moral injury
suffered by the victims of disappearance or arbitrary detention and their next of kin;
(f)
The application to acts of torture of the prescription period provided for by
ordinary law, which would appear to deprive victims of their imprescriptible right to initiate
proceedings;
(g)
The non-existence of a provision of criminal law prohibiting any statement
obtained under torture from being invoked as evidence in any proceedings;
(h)
(i)
prisoners.
The number of fatalities in prisons;
Prison overcrowding, and the allegations of beatings and violence between
D. Recommendations
127.
The Committee recommends that the State party:
(a)
In the context of the ongoing reform of the Criminal Code, include a
definition of torture which is fully consistent with the provisions of articles 1 and 4 of the
Convention;
(b)
In the context of the ongoing reform of the Criminal Code, clearly prohibit
any act of torture, even if perpetrated in exceptional circumstances or in response to an
order received from a superior officer or public authority;
(c)
Limit the period of police custody to a strict minimum and guarantee the
right of persons in police custody to rapid access to a lawyer, a doctor and a relative;
(d)
Include in the Code of Criminal Procedure provisions organizing the
imprescriptible right of any victim of an act of torture to initiate proceedings against any
torturer;
(e)
Take all necessary measures to eliminate impunity for public officials
responsible for torture and cruel, inhuman or degrading treatment;
(f)
Ensure that all allegations of torture or cruel, inhuman or degrading
treatment are immediately investigated impartially and thoroughly, especially allegations
relating to cases and situations verified by the aforementioned Independent Arbitration
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