CAT/C/MUS/CO/4
Independence of oversight and complaint bodies
33.
The Committee is concerned that the independence of the National Human Rights
Commission, including its National Preventive Mechanism Division, as well as the
Independent Police Complaints Commission that is about to become operational, is not
guaranteed under the current legislation, especially in the light of the power held by the
President of the State party to remove the members of these institutions (arts. 2 and 11–13).
34.
The State party should guarantee the independence of the National Human
Rights Commission and its National Preventive Mechanism Division as well as that of
the Independent Police Complaints Commission, including by securing in law the
tenure of the mandate of their members. The Committee refers the State party to the
principles relating to status of national institutions for the promotion and protection
of human rights (the Paris Principles).
Redress and reparation
35.
The Committee notes with concern that, in the State party’s legislation, redress and
reparation for victims of torture are limited to monetary compensation (art. 14).
36.
The State party should ensure that legal provisions and procedures are in place
to enable victims of torture and ill-treatment to access and enjoy the right to adequate
and appropriate redress, including restitution, compensation, as full rehabilitation as
possible, satisfaction and right to truth, as well as guarantees of non-repetition. In this
regard, the Committee refers the State party to its general comment No. 3 (2012) on
the implementation of article 14.
Violence against women police officers
37.
The Committee is concerned that none of the complaints of sexual harassment and
assault filed by female police officers have hitherto resulted in criminal charges. It is also
concerned at the prolonged delay in their resolution (arts. 2, 12 and 13).
38.
The State party should:
(a)
Ensure that complaints mechanisms for violence against women police
officers are effective, gender-sensitive and gender-responsive;
(b)
Conduct further investigation into the slowness of proceedings in cases of
violence against women police officers and provide detailed information about the
state of investigation of these cases;
(c)
Ensure that such violence is prevented through, inter alia, gendersensitive trainings.
Training
39.
The Committee notes the various training provided to police and prison officers on
human rights. However, it notes with regret that specific and systematic training on the
Convention and its Optional Protocol is limited (art. 10).
40.
The State party should ensure that training programmes on the Convention
and its Optional Protocol be extended to all law enforcement personnel, including
both civil and military; medical personnel; public officials; and other persons dealing
with persons deprived of their liberty. Such training should include the Manual on the
Effective Investigation and Documentation of Torture and Other Cruel, Inhuman or
Degrading Treatment or Punishment (the Istanbul Protocol). The State party should
also assess the impact or results of these programmes.
Violence against women
41.
While welcoming the fact that the State party has taken various steps, including the
adoption of a national action plan to end gender-based violence, the passing of an
amendment to broaden the definition of domestic violence, and recognition in the
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