(h)
The inadequate availability in practice of civil compensation and rehabilitation for
victims of torture prior to 2001;
(i)
Certain provisions of the draft law on counter-terrorism which, if adopted,
would reduce safeguards against torture and could re-establish conditions that characterized past
abuses under the State Security Law. These provisions include, inter alia, the broad and vague
definition of terrorism and terrorist organizations and the transfer from the judiciary to the public
prosecutor of authority to arrest and detain, in particular, to extend pre-trial detention;
(j)
Lack of access by independent monitors to visit and inspect all places of detention
without prior notice, notwithstanding the assurances of the State party that it will allow some
access by civil society organizations;
(k)
The absence of data on complaints of torture and ill-treatment, and the results of
investigations or prosecutions related to the provisions of the Convention;
(l)
Information received regarding limits on human rights non-governmental
organizations to conduct their work, in particular regarding activities relevant to the Convention,
within the country and abroad;
(m)
The different regimes applicable, in law and in practice, to nationals and
foreigners in relation to their legal right to be free from conduct that violates the Convention.
The Committee reminds the State party that the Convention and its protections are applicable
to all acts that are in violation of the Convention that occur within its jurisdiction, from which
it follows that all persons are entitled, in equal measure and without discrimination, to the rights
contained therein;
(n)
The rejection by the House of Deputies in March 2005 of the proposal to establish
an independent national human rights commission;
(o)
The overbroad discretionary powers of the sharia court judges in the application
of personal status law and criminal law and, in particular, reported failures to take into account
clear evidence of violence confirmed in medical certificates following violence against women;
(p)
Reports of the beating and mistreatment of prisoners during three strikes in 2003
at Jaw Prison, followed by an agreement to establish an investigative commission whose
findings, however, have not been made public.
D. Recommendations
109.
The Committee recommends that the State party:
(a)
Adopt in domestic penal law a definition of torture in terms consistent with
article 1 of the Convention, including the differing purposes set forth therein, and ensure
that all acts of torture are offences under criminal law and that appropriate penalties
taking into account the grave nature of the offences are established;
(b)
Provide complete and disaggregated information about the number of
detainees who have suffered torture or ill-treatment, including any deaths in custody, the
results of investigations into the causes, and whether any officials were found responsible;
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