CAT/C/DJI/CO/1
part of the Ministry of Justice Penal Affairs and Human Rights. It also notes the work of the
National Human Rights Commission, the visits the Commission has organized to Gabode
prison, police stations, gendarmerie units and other places of detention or prisons, as well as
the use of information gathered during those visits in the reports the Commission has
drafted on the human rights situation in Djibouti. However, the Committee remains
concerned about the State party’s insufficient efforts to ensure sustained monitoring and
inspection of places of deprivation of liberty (arts. 2, 10, 12, 13 and 16).
The Committee recommends that the State party establish an effective and
independent national system to monitor and inspect all places of deprivation of liberty
and ensure that systematic follow-up is given to the outcome of such monitoring. It
should also strengthen its cooperation with NGOs and increase support for them to
enable them to independently monitor conditions in places of deprivation of liberty.
The State party is requested to include in its next periodic report detailed information
on the places, dates and periodicity of visits, including unannounced visits, to places of
deprivation of liberty, as well as on the findings and the follow-up given to the
outcome of such visits.
National human rights institution
13.
The Committee notes with satisfaction the establishment of the National Human
Rights Commission, the duties of which include visiting places of deprivation of liberty and
examining complaints of alleged human rights violations. The Committee regrets, however,
that the Commission is not in conformity with the Principles relating to the status of
national institutions for the promotion and protection of human rights (the Paris Principles,
General Assembly resolution 48/134, annex). Among other things, its members, including
its Chair and its Vice-Chair, are appointed by the President of the Republic, which thus
compromises its independence (art. 2).
The State party should strengthen the role and terms of reference of the National
Human Rights Commission, including its mandate to conduct regular and
unannounced visits to places of deprivation of liberty in order to issue independent
findings and recommendations. It should also give all due weight to the Commission’s
conclusions on the individual complaints it receives, and communicate those
conclusions to the public prosecutor’s office in cases where torture or ill-treatment is
found to have occurred. The State party is requested to provide information,
including statistical data, on the complaints examined by the Commission regarding
alleged torture and other cruel, inhuman or degrading treatment or punishment, and
to indicate whether these cases have been communicated to the competent authorities
for prosecution.
The Committee encourages the State party to request accreditation of the National
Human Rights Commission by the International Coordinating Committee of National
Institutions for the Promotion and Protection of Human Rights, in order to ensure
that it complies with the Principles relating to the status of national institutions for the
promotion and protection of human rights, including with regard to its independence.
Investigations
14.
Notwithstanding the explanations that the State party provided during the dialogue,
the Committee continues to be concerned about:
(a)
The lack of any thorough investigations into the arrests during the
demonstrations that took place on 18 February 2011 of more than 300 persons, several of
whom are alleged to have been subjected to torture and ill-treatment in gendarmerie
custody (arts. 12, 13, and 14);
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