A/66/44
relating to juvenile justice for members of the juvenile courts and increase the
number of such courts. Additionally, the Committee urges the State party to consider
raising the age of criminal responsibility, currently set at 12 years, to comport with
international standards.
Corporal punishment
(22) The Committee, while noting the amendment to the Civil Code in 2002 which
removed parents’ right of correction, is concerned at the lack of an explicit prohibition of
corporal punishment in the home and in alternative settings in the domestic legislation, and
reports that corporal punishment is widely used by parents and is still considered to have
educational value in schools (art. 16).
The Committee should clarify beyond doubt the legal status of corporal punishment in
schools and penal institutions and, as a matter of priority, prohibit it in the home,
alternative settings and, if appropriate, schools and penal institutions.
Treatment of persons requiring psychiatric care
(23) The Committee notes with concern the lack of information provided in the State
party’s report on conditions in rehabilitation centres with respect to offenders requiring
psychiatric care. While noting information by the representative of the State party on five
rehabilitation centres for detainees with psychiatric problems currently within penitentiary
institutions, the Committee is concerned at the lack of information on the conditions of
these facilities, including the full and effective exercise of the fundamental safeguards of
such detainees. The Committee is furthermore concerned at the lack of information on
general conditions, legal safeguards and protection against ill-treatment of persons in
psychiatric facilities and mental hospitals, and notes with concern the high number of
electroconvulsive treatment (ECT) administered in mental hospitals and clinics indicated in
the State party’s report (para. 306). Further, the Committee regrets the lack of information
on access to such facilities by independent monitoring mechanisms (art. 16).
The State party should undertake a serious review of the application of
electroconvulsive treatment (ECT), and should end any other treatment which could
amount to acts prohibited under the Convention, of persons requiring psychiatric
care. The State party should ensure by law and in practice fundamental legal
safeguards for all persons requiring psychiatric care, whether in psychiatric facilities,
mental hospitals or penitentiary institutions. The State party should furthermore
allow access to psychiatric facilities and mental hospitals by independent monitoring
mechanisms in order to prevent any form of ill-treatment.
Statute of limitation
(24) The Committee notes the increase in the statute of limitation for the crime of torture
to 15 years, and to 40 years when acts of torture results in death, in the new Penal Code of
2005. Nevertheless, the Committee is concerned that the State party maintains a statute of
limitation for the crime of torture (arts. 2, 12 and 13).
The State party should amend its Penal Code to ensure that acts of torture are not
subject to any statute of limitation.
Training
(25) While welcoming information provided by the representative of the State party that
training for law enforcement officers and gendarmerie includes training on the Istanbul
Protocol, the Committee regrets the lack of information on whether and how public
inspectors of prisons and other places of detention receive such training. Furthermore, the
Committee regrets the lack of information on any training of members of the Village
Guards or immigration officials regarding the absolute prohibition of torture (art. 10).
GE.11-45568
73
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