A/66/44
welcoming the new Anti-Corruption Law and other measures taken by the State party, it
notes with concern reports of political interference and corruption affecting the judicial
bodies and the functioning of some public services, including the police and other law
enforcement services. In this respect, the Committee expresses its concern at reports that
police officers are promoted for convictions and that police stations are given special
incentives for convictions, amounting to a rewards system, as well as reports of police
officers benefitting financially from informal arrangements or extrajudicial settlements. The
Committee is also concerned that the Anti-Corruption Unit established under the new AntiCorruption Law has not yet taken any steps against alleged perpetrators of corruption and is
not yet fully operational (arts. 2, 10 and 12).
The State party should take immediate and urgent measures to eradicate corruption
throughout the country which is one of the most serious impediments to the rule of
law and the implementation of the Convention. Such measures should include
effective implementation of the anti-corruption legislation and the expeditious
operationalization of the Anti-Corruption Unit, which should consist of independent
members. The State party should also increase its capacity to investigate and
prosecute cases of corruption. The State party should establish a programme of
witness and whistle-blower protection to assist in ensuring confidentiality and to
protect those who lodge allegations of corruption, and ensure that sufficient funding
be allocated for its effective functioning. Furthermore, the State party should
undertake training and capacity-building programmes for the police and other law
enforcement officers, prosecutors and judges, on the strict application of anticorruption legislation as well as on relevant professional codes of ethics, and adopt
effective mechanisms to ensure transparency in the conduct of public officials, in law
and in practice. The Committee requests the State party to report back on progress
achieved, and the difficulties encountered, in combating corruption. The Committee
also requests the State party to provide information on the number of officials,
including senior officials, who have been prosecuted and punished on account of
corruption charges.
Independence of the judiciary
(13) The Committee reiterates its grave concern at the lack of independence and
effectiveness of the judiciary, including the criminal justice system, which hinders the full
enjoyment of human rights, such as the prohibition of torture and other cruel, inhuman and
degrading treatment or punishment. The Committee is also concerned that fundamental
laws of reform of the judiciary have not yet been enacted. The Committee further expresses
its concern at the lack of independence of the Bar Association, the limits on its size and the
qualifications for these limits. The Committee regrets the failure of the State party to
respond to its questions about provisions of the Anti-Corruption Law that address the
independence of the judiciary and to provide examples of cases where those who engaged
in exerting and complying with undue pressure on the judiciary were investigated,
prosecuted and convicted (art. 2).
The State party should intensify its efforts to establish and ensure a fully independent
and professional judiciary in conformity with international standards and ensure that
it is free from political interference. Such efforts should include the immediate
enactment of all relevant laws of reform, notably the Organic Law on the
Organization and Functioning of the Courts; the Law on the Amendment of the
Supreme Council of Magistracy; and the Law on the Status of Judges and
Prosecutors. The State party should also ensure that those who engage in exerting and
complying with undue pressure on the judiciary are investigated, prosecuted and
convicted, and provide examples of such cases. In addition, the State party should take
the necessary steps to ensure that the Bar Association is independent, transparent and
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GE.11-45568
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