CAT/C/GIN/CO/1
(b)
Expedite the investigation and prosecution of such cases and sanction
officials found guilty of such offences with appropriate penalties.
Redress
20.
The Committee is concerned that current criminal legislation does not contain any
provisions guaranteeing redress for damage caused to victims of torture. Similarly, there is
no legislation in place allowing redress to be sought for damage resulting from acts of
torture (arts. 2, 12, 13 and 14).
The State party should:
(a)
Ensure that the Reform Commission adopts legislative measures to
guarantee that victims of torture and ill-treatment benefit from all forms of redress,
including restitution, compensation, rehabilitation, satisfaction and guarantees of nonrepetition, in accordance with general comment No. 3 (2012) on the implementation of
article 14 by States parties;
(b)
Provide fair and adequate redress and rehabilitation to all victims of
torture, violence against girls and women, trafficking in persons and prison violence;
(c)
Provide fair and adequate redress to ensure the fullest possible
rehabilitation for all the victims of torture and sexual violence that occurred during
the events of September 2009 at Conakry Stadium;
(d)
Provide information on the redress provided to the victims mentioned in
paragraph 9.
The Committee draws the attention of the State party to its general comment No. 3,
which clarifies the content and scope of States parties’ obligations with respect to the
provision of full redress to victims of torture.
Independence of the judiciary
21.
The Committee is concerned at allegations regarding the exertion of pressure on and
manipulation of members of the judiciary and is concerned by the lack of effective
independence of the judiciary, as indicated by the delegation during the dialogue. The
Committee is also concerned by the fact that the Supreme Council of Justice is chaired by
the President of the Republic, which makes it appear to be dependent on the executive
branch. Finally, the Committee notes with regret the inadequacy of the budget allocated to
the judiciary (0.5 per cent of the national budget) to carry out its mandate; this leads to
shortfalls in staff, infrastructure and the payment of judges’ salaries (arts. 2 and 12).
The State party should:
(a)
Take effective measures to guarantee the independence of the judiciary,
in accordance with the relevant international standards, including the Basic Principles
on the Independence of the Judiciary (adopted by the General Assembly in 1985), in
particular the principle of guaranteed tenure;
(b)
Take appropriate measures to guarantee and protect the independence
of the judiciary and ensure that its operations are free from any pressure or
interference from the executive;
(c)
Develop training programmes for members of the judiciary on the
importance of the independence of the judiciary.
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GE.14-05766