Situation during visit (See E/CN.4/2006/6/Add.5) (a) Highest authorities, particularly those responsible for law enforcement activities, declare unambiguously that the culture of impunity must end and that torture and ill treatment by public officials will not be tolerated and will be prosecuted Special Rapporteur was repeatedly told by senior police and military officials that torture was acceptable in some situations. (b) The crime of torture is defined as a matter of priority in accordance with article 1 of the Convention against Torture, with penalties commensurate with the gravity of torture • • Torture prohibited in article 14(4) of the 1990 Constitution Torture was not criminalized in domestic legislation Steps taken in previous years (See A/HRC/4/33/Add.2 and A/HRC/7/3/Add.2) 2007: Interim Constitution prohibiting torture adopted; however torture is not criminalized in domestic laws. • • 2007: Inter-ministerial consultations on draft torture bill underway. Interim Constitution of January 2007 article 26: “(1) No person who is detained during investigation or for enquiry or for trial or for any other reason shall be subjected to physical or mental torture, nor any cruel, inhuman or degrading treatment. (2) Actions pursuant to clause (1) shall be punishable by law and any person Steps taken since December 2007/current situation • In late August 2008, the “Common Minimum Programme” (CMP) was agreed. The 50-point programme, among other commitments, states that the culture of impunity shall be ended, through consolidating law and order. It provides that the administration and security organs should be independent and accountable, and that a Code of Conduct (CoC) should be developed • The Home Minister has stated publicly that the lack of public security and absence of the rule of law will be addressed; he has also encouraged the police to restore law and order; on 7 September 2008, he gave instructions to the Police Inspector General to establish law and order Non-governmental sources: Despite corresponding constitutional provisions, torture has not been criminalized by law. The draft bill repeatedly announced by the Government has not been published. The CMP provides for the appointment of a high-level security committee to develop a national security policy, the creation of a National Peace and Rehabilitation Commission, a High Level Truth and Reconciliation Commission (TRC), a High Level Commission for State Restructuring, a Commission on A/HRC/10/44/Add.5 page 65 Recommendation (E/CN.4/2006/6/Add.5)