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mind the long-established jus cogens prohibition of torture, the prosecution of acts of
torture should not be constrained by the principle of legality or the statute of limitation. The
Committee has received various interpretations of article 1, paragraph (c), of the Amnesty
Act — which stipulates that amnesty shall not apply to acts that “entailed serious harm to
the life or inviolability of persons” — to the effect that this article itself would in any case
exclude torture from the offences subject to amnesty (arts. 12, 13 and 14).
The State party should ensure that acts of torture, which also include enforced
disappearances, are not offences subject to amnesty. In this connection, the
Committee encourages the State party to continue to step up its efforts to help the
families of victims to find out what happened to the missing persons, to identify them
and to have their remains exhumed, if possible. Moreover, the Committee reiterates
that, under article 14 of the Convention, the State party must ensure that the victim of
an act of torture obtains redress and has an enforceable right to compensation.
22.
The Committee is concerned that the offence of torture, which is specifically
provided for in article 174 of the Criminal Code, may be subject to a statute of limitations
after 15 years, while the only case in which it is not subject to a statute of limitations is
when it is classed as a crime against humanity, that is, when it is committed as part of a
generalized or systematic attack against the civilian population or part thereof (Criminal
Code, art. 607 bis) (arts. 1, 4 and 12).
The State party should ensure that torture is never subject to a statute of limitations.
9.
Data on torture and abuse
23.
The Committee notes that Measure 102 of the Human Rights Plan provides for the
compilation of current data on cases that may have involved violation or infringement of
the human rights of persons in police custody. However, the Committee notes that it is
currently impossible to provide data on complaints filed during police custody and
detention. The Committee welcomes the additional written information provided on this
point by the State party, but notes that data on cases of torture may be available but are
somewhat imprecise and contradictory, in particular concerning the results of investigations
into torture, judicial convictions and penalties imposed (arts. 2, 12 and 13).
The State party should implement Measure 102 of the Human Rights Plan as soon as
possible, and ensure that clear and reliable data are compiled on acts of torture and
abuse in police custody and in other places of detention. These data must also cover
follow-up to allegations of torture and abuse, including the results of investigations
held and any judicial convictions and criminal or disciplinary sanctions imposed.
10.
Violence against women
24.
The Committee welcomes measures taken by the State party to combat gender-based
violence, such as Organization Act No. 1/2004 of 28 December on comprehensive
protection measures against gender-based violence. However, the Committee remains
concerned at reports of an unacceptable number of acts of violence against women,
including domestic violence, which sometimes result in murder. In the Committee’s view,
the extent of this problem in the State party calls for a response that goes beyond legislative
provisions and action plans and requires a coordinated, ongoing effort to change the
perception of women in society and dispel associated stereotypes (art. 16).
The Committee urges the State party to step up its efforts to make combating violence
against women a priority in its political agenda. The Committee further recommends
that public awareness-raising campaigns on all forms of violence against women
should be broadened.
GE.09-46805
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