CAT/C/SEN/CO/3
deprived. The Committee notes the delegation’s statement that discussions will be
organized on the question of allowing a lawyer to intervene from the very start of
deprivation of liberty, and requests the State party to include information on the
immediate measures to be taken to this end.
Investigations and impunity
11.
The Committee is concerned about allegations that torture and ill-treatment by lawenforcement officers have not been investigated or prosecuted. The Committee is also
concerned that, in cases where investigations have been initiated, they have not been
undertaken promptly and the judicial procedures remain excessively long and drawn out,
including in cases where torture has led to death, as in the cases of Mr. Dominique Lopy,
Mr. Alioune Badara Diop, Mr. Abdoulaye Wade Yinghou, Mr. Mamadou Bakhoum and
Mr. Fally Keïta. While noting that victims of ill-treatment or torture can take their case
directly to the Indictments Chamber of the Court of Appeal, the Committee is concerned at
the lack of an independent body to investigate allegations of torture or ill-treatment by lawenforcement officers. Moreover, the Committee remains concerned about allegations of
murder in Casamance that have not yet led to convictions (arts. 2, 11, 12, 13 and 16).
The State party should:
(a)
Take practical measures to speed up investigations and criminal
prosecutions under way for alleged acts of torture and ill-treatment, which, if
substantiated, should lead to sanctions and penalties that take into account their grave
nature and do not class them as some other less serious offence;
(b)
In order to ensure that thorough, prompt and impartial investigations
are undertaken, set up an independent, impartial body to investigate allegations of
torture and ill-treatment by members of the security forces;
(c)
In addition to information on the individual cases mentioned above,
provide information requested by the Committee on the number of complaints filed
against public servants allegedly suspected of using torture or ill-treatment, as well as
information on the outcomes of the ensuing investigations and on any criminal or
disciplinary proceedings instigated as a result;
(d)
Provide the Committee with updated information on the situation in
Casamance regarding the implementation of the Convention, including the outcome of
the investigations into acts of torture and murder.
The case of Mr. Hissène Habré, former President of Chad
12.
The Committee notes the information provided by the delegation on the State party’s
wish to try Mr. Hissène Habré in Senegal, as well as the measures taken at regional and
national levels to ensure that the trial can take place. While noting the State party’s
collaboration with the Committee during its official mission in 2009 under article 22 of the
Convention, the Committee regrets the State party’s delay in trying Mr. Habré in
accordance with the Committee’s decision of 17 May 2006, which was furthermore
confirmed by the order of the International Court of Justice dated 20 July 2012 (Belgium v.
Senegal) (arts. 5 and 7).
The Committee takes note of the State party delegation’s statement that the trial of
Mr. Hissène Habré is due to start in December 2012, and urges the State party to
make every effort to get the trial under way by this date so as to put an end to
impunity for anyone in its territory who is responsible for acts of torture and other
international crimes, in accordance with its obligations under the Convention.
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