CAT/C/DZA/CO/3 page 8 Right to an effective remedy 17. While noting the assurances given by the Algerian delegation that article 46 of order No. 06-01 implementing the Charter for Peace and National Reconciliation does not constitute an obstacle to exercise of the right to an effective remedy, the Committee nevertheless remains concerned that this provision specifies imprisonment for three to five years and a fine for anyone who undermines the institutions of the State party, insults the honour of its officials or sullies the image of the State party at the international level. The Committee is concerned that this provision could restrict the right of any person who claims to have been subjected to torture in the territory of the State party to file a complaint before the competent judicial authorities or to refer the matter to the Committee in accordance with article 22 of the Convention (art. 13). The State party should amend article 46 of order No. 06-01 implementing the Charter for Peace and National Reconciliation in order to guarantee to any person who claims to have been subjected to torture the right to an effective remedy at both the national and international level, in accordance with article 13 of the Convention. The State party should also inform the public of its right to refer cases to the Committee under article 22 of the Convention. Use of confessions in legal proceedings 18. While noting the Algerian delegation’s assurances that confessions are used only for information purposes in legal proceedings, in accordance with article 215 of the Code of Criminal Procedure, the Committee remains concerned about the lack of a provision in the State party’s legislation clearly specifying that any statement that is proved to have been obtained as a result of torture may not be cited as evidence in any proceedings, in accordance with article 15 of the Convention. In addition, the Committee is concerned that article 213 of the Code of Criminal Procedure specifies that, “as with any evidence, the evaluation of confessions is a matter for the judge”, as well as information received that confessions obtained as a result of torture have been admitted in legal proceedings (art. 15). The State party should amend its Code of Criminal Procedure to make it fully consistent with article 15 of the Convention. The State party should also provide the Committee with information on the number of cases where confessions made under torture, duress or threat have not been admitted as evidence. Corporal punishment and violence within the family 19. While noting with satisfaction that corporal punishment against children is forbidden in school, the Committee remains concerned about the lack of any provision in the legislation of the State party prohibiting the use of this practice within the family. The Committee also notes with concern the lack of any provision in its domestic legislation prohibiting domestic violence against women (art. 16). The State party should incorporate into its domestic legislation a provision prohibiting the use of corporal punishment against children within the family and domestic violence against women.

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