CAT/C/GIN/CO/1
Death penalty
25.
While taking note of the decision taken in 2002 by the Government of Guinea to
establish a moratorium on the death penalty, the Committee regrets that capital punishment
has not been abolished and that the Criminal Code still contains frequent provision for it.
The Committee also notes with great regret reports that 28 convicted prisoners are still
being held on death row (arts. 2 and 16).
The State party should:
(a)
Ensure that the Legislative Reform Commission abolishes the death
penalty in all legislation;
(b)
Ensure that all persons held on death row are afforded the protection
provided for under the Convention and are treated humanely;
(c)
Ratify the Optional Protocol to the Convention and the Second Optional
Protocol to the International Covenant on Civil and Political Rights, aiming at the
abolition of the death penalty.
National Human Rights Commission
26.
Notwithstanding the considerable effort made by the State party towards adopting a
law establishing a National Human Rights Commission, the Committee regrets the length
of time that the implementation process has taken (art. 2).
The State party should adopt without delay an act establishing a National Human
Rights Commission and provide it with the necessary human and financial resources
to enable it to fulfil its mandate in an effective and independent manner, in conformity
with the Principles Relating to the Status of National Institutions for the Promotion
and Protection of Human Rights (the Paris Principles) (General Assembly resolution
48/134 of 20 December 1993).
Data collection
27.
The Committee regrets the absence of comprehensive, disaggregated data on
complaints, investigations, prosecutions and convictions in cases of torture and ill-treatment
attributed to law enforcement personnel. The Committee also regrets the lack of data on
physical and sexual violence against girls and women, domestic violence, female genital
mutilation, trafficking in persons, enforced disappearances, requests for asylum and cases
of refoulement (arts. 2, 3, 11, 12, 13, 14 and 16).
The State party should collect and submit statistical data, disaggregated by age and
sex of the victim, that would be useful in monitoring implementation of the
Convention at the national level, particularly data on complaints, investigations,
prosecutions and convictions related to acts of torture and ill-treatment attributed to
law enforcement personnel. Statistical data should also be collected and submitted on
physical and sexual violence against girls and women, domestic violence, female
genital mutilation and enforced disappearances.
28.
The Committee encourages the State party to consider making the declaration under
article 22 of the Convention, thereby recognizing the competence of the Committee to
receive and consider communications from individuals.
29.
The Committee invites the State party to consider ratifying the core United Nations
human rights instruments to which it is not yet a party, namely: the Optional Protocol to the
Convention against Torture, which it signed on 16 September 2005, and the Second
Optional Protocol to the International Covenant on Civil and Political Rights, aiming at the
abolition of the death penalty.
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