CAT/C/MUS/CO/4
Committee is nevertheless concerned that, under section 4 (2) (b) of the Juvenile Offenders
Act, the trial takes place before the ordinary court if a juvenile is charged jointly with an
adult. It is also concerned at the lack of a statutory minimum age of criminal responsibility
(arts. 2, 12 and 16).
26.
Referring to the United Nations Standard Minimum Rules for the
Administration of Juvenile Justice (the Beijing Rules), the Committee recommends
that, in the revision of relevant laws, including the juvenile justice bill and the draft
children’s bill:
(a)
The State party establish a statutory minimum age of criminal
responsibility at an internationally acceptable level;
(b)
Provisions be made to ensure that children in conflict with the law are
tried in juvenile courts by specialized judges.
Sentencing rules
27.
The Committee is concerned that different rules have been applied by the Supreme
Court of the State regarding the deduction of the time spent on remand from the sentence
(arts. 11 and 16).
28.
The State party should lay down in law that time served in pretrial detention be
deducted from the sentence, as advised by the Supreme Court in its Kamasho ruling.
Conditions of detention
29.
The Committee is concerned at reports of poor hygiene and inadequate access to
food and water in the State party’s prisons (arts. 11 and 16).
30.
The State party should promptly improve material conditions in its prisons by
guaranteeing the right of all detainees to the basic rights to water, sanitation and
adequate food, in keeping with the United Nations Standard Minimum Rules for the
Treatment of Prisoners (the Nelson Mandela Rules). The Committee also invites the
State party to make public the report of the Subcommittee on Prevention of Torture
on its visit in 2007.
Complaint mechanisms
31.
The Committee is concerned at reports of torture and ill-treatment by law
enforcement officials, which on some occasions have led to death. Moreover, while noting
the large number of complaints lodged against the police, which indicates that existing
procedures are accessible, the Committee is concerned that very few cases have been
referred to the Director of Public Prosecutions and to the Attorney-General’s Office since
the establishment of the Police Complaints Division. The Committee also notes that the
Division will be replaced by the Independent Police Complaints Commission (arts. 2, 12
and 13).
32.
The State party should:
(a)
Promptly and thoroughly investigate in an impartial manner all
complaints of torture and ill-treatment by law enforcement officials and, as warranted,
submit the alleged perpetrators to public prosecution;
(b)
Ensure that the new Independent Police Complaints Commission has the
necessary capacity to carry out timely, impartial and exhaustive inquiries into
complaints of improper conduct by the police and that the difficulties encountered by
the Police Complaints Division are taken into account when designing the procedures
and operations of the new institution;
(c)
Mandate the Commission to issue recommendations on corrective
measures to prevent future misconduct by law enforcement officials and the improper
treatment of arrested and detained persons.
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