A/66/44
The State party should also set clear and appropriate rules and procedures on the
registration of persons from the outset of their detention and on ensuring that they are
brought before a judge within a short period of time.
Complaint mechanisms
(11) While noting that different mechanisms are charged to receive and inquire on
complaints against police officers for excessive use of force, such as the National Human
Rights Commission and the Complaints Investigations Bureau, the Committee is concerned
about the independence of the Complaints Investigation Bureau, as it remains under the
administrative control of the Commissioner of Police. The Committee regrets the lack of
information on the implementation of recommendations made by the National Human
Rights Commission in its report of 2007 regarding the police (arts. 2, 12 and 13).
The State party should take concrete measures to ensure that complaints lodged
against the police are addressed promptly, thoroughly and impartially by independent
complaint mechanisms and that those responsible can be prosecuted, convicted and
punished. In this regard, the State party should rapidly adopt and implement the
draft Police Complaints Bill under preparation and establish the Independent Police
Complaints Bureau; adopt a new Police Act and a Police Procedures and Criminal
Evidence Act, as well as Codes of Practice to regulate the conduct of persons entrusted
to investigate offences. The State party should also ensure the implementation of
recommendations made by the National Human Rights Commission in 2007 regarding
the conduct of the police and inform the Committee on its concrete results.
Non-refoulement
(12) The Committee is concerned that the legislation of the State does not clearly and
fully guarantee the principle of non-refoulement set out in article 3 of the Convention, as
requested by the Committee in its concluding observations (A/54/44, para. 123 (c)). It is
also concerned about the lack of sufficient information regarding the process followed in
cases of requests for extradition as well as the procedural guarantees the person extradited
enjoys, including the right to appeal against the extradition, with suspensive effect (art. 3).
The State party should revise its legislation guaranteeing the principle of nonrefoulement. The State party should review its Extradition Act to make it in full
compliance with article 3 of the Convention, in particular, it should clarify the process
under which extradition is requested and decided, the guarantees offered, including
the possibility to challenge the decision with suspensive effect in order to ensure that
persons expelled, returned or extradited are not in danger of being subject to torture.
The State party should also provide detailed statistical data on the number of requests
received, the requesting States and the number of persons extradited or not.
Human rights education and training
(13) While noting efforts undertaken by the State party to provide human rights
education and training to police officers and other personnel, including on the prevention of
torture, the Committee regrets the lack of information about the concrete results of such
training programmes. The Committee is also concerned about the fact that training
programmes for medical personnel do not include the Manual on the Effective Investigation
and Documentation on Torture and Other Cruel, Inhuman or Degrading Treatment or
Punishment (Istanbul Protocol) (art. 10).
The State party should reinforce its training programmes to law enforcement and
medical personnel, and to those involved in documenting and investigating acts of
torture, on the provisions of the Convention, as well as on other instruments, such as
the Manual on the Effective Investigation and Documentation on Torture and Other
110
GE.11-45568
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