CAT/C/GIN/CO/1
In general, the State party should ensure that its customary law and practices are
compatible with its human rights obligations, particularly those arising from the
Convention.
Trafficking in persons
18.
While noting with satisfaction the establishment in 2012 of a special unit to combat
trafficking in persons, the Committee nevertheless remains very concerned by reports of
internal and cross-border trafficking (in particular with Nigeria, Côte d’Ivoire, Benin and
Senegal) of men, women and children for purposes of sexual exploitation, forced labour
and domestic slavery. The Committee is also concerned by the lack of clarity in article 337
of the Criminal Code on the various forms of trafficking and servitude, which hampers
enforcement of the law and causes legal uncertainty for the victims (arts. 2, 8, 9, 12 and
16).
The State party should:
(a)
Step up its efforts to prevent and combat trafficking in persons,
particularly women and children, including by implementing its anti-trafficking
legislation, providing protection for victims and ensuring that they have access to the
courts, to medical, social and legal services and to means of rehabilitation and
reintegration;
(b)
Invite the Legislative Reform Commission to amend article 337 of the
Criminal Code to categorize the different forms of trafficking in persons as crimes
punishable by law;
(c)
Ensure adequate conditions so that victims can exercise their right to
make a complaint;
(d)
Conduct prompt, impartial and effective investigations into cases of
trafficking and ensure that convicted individuals are given sentences commensurate
with the serious nature of their crimes;
(e)
Conduct national awareness-raising campaigns and provide training for
law enforcement officers;
(f)
Actively engage in a policy of mutual legal assistance with other
countries of origin, destination or transit in the cross-border trafficking of persons.
Excessive use of force
19.
The Committee is very concerned by credible reports that the national police, the
national gendarmerie, the crime squad, the police special rapid intervention force, the police
rapid intervention squad, the banditry control squad, the mobile intervention and security
force, the Red Berets special presidential guard and the special electoral process security
force, under the effective control of the State, make widespread, excessive and
disproportionate use of force, particularly of firearms and knives, and carry out many acts
of torture, including at peaceful political, social and student demonstrations (arts. 2, 10, 12,
13 and 16).
The State party should:
(a)
Ensure that law enforcement officers receive training that emphasizes
the absolute prohibition of torture, the Basic Principles on the Use of Force and
Firearms by Law Enforcement Officials, adopted in Havana in 1990, and the fact that
they may be held liable for excessive use of force and acts of torture;
GE.14-05766
9