CAT/C/SEN/CO/3
National preventive mechanism and national human rights institutions
23.
While noting that the National Observatory of Places of Detention has been
designated as the national preventive mechanism, in accordance with the Optional Protocol
to the Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or
Punishment, the Committee remains concerned about the reported cut in the mechanism’s
funding. It is also concerned that the Senegalese Human Rights Committee is reportedly
underfunded and that its procedures for selecting and appointing members appear not to be
in line with the Principles relating to the Status of National Institutions for the Promotion
and Protection of Human Rights (the Paris Principles) (annex to General Assembly
resolution 48/134) (arts. 2 and 12).
The State party should:
(a)
Provide the National Observatory of Places of Detention with the
resources it needs to effectively fulfil its mandate as the Senegalese national preventive
mechanism, in accordance with the Optional Protocol to the Convention against
Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment and the
guidelines on national preventive mechanisms drawn up by the Subcommittee on
Prevention of Torture. The State party should ensure that the police, prosecutors,
military personnel, prison staff and medical personnel cooperate with the
Observatory, and that its recommendations to the authorities are followed up with
practical measures to improve the situation in prisons and prevent torture. The
Committee also recommends that the State party publish the report produced by the
Subcommittee on Prevention of Torture following its visit to Senegal in December
2012.
(b)
Take into account the comments made by the International
Coordinating Committee of National Institutions for the Promotion and Protection of
Human Rights to ensure that the Senegalese Human Rights Committee operates in
accordance with the Paris Principles.
Confidential complaints mechanism
24.
The Committee regrets that no confidential complaints mechanism has been set up
to enable detainees to lodge a complaint for torture or ill-treatment (arts. 2 and 16).
The State party should establish a confidential mechanism to receive and consider
complaints of torture or ill-treatment, and should ensure that such a mechanism is set
up in all places of detention, especially prisons. In fact, this mechanism would make
an important contribution to the work of the National Observatory of Places of
Detention.
Training
25.
The Committee notes that the State party has organized human rights training
courses for police officers and members of the National Gendarmerie. However, it regrets
the lack of information on the evaluation of these courses and their impact on reducing the
number of cases of torture and ill-treatment. The Committee is also concerned that the
Manual on the Effective Investigation and Documentation of Torture and Other Cruel,
Inhuman or Degrading Treatment or Punishment (Istanbul Protocol) is not followed (art.
10).
The State party should organize training courses for the State agents listed in article
10 of the Convention, especially civil or military law-enforcement personnel and
medical personnel. In order to enable these individuals to better detect and document
the signs of torture and ill-treatment, the Istanbul Protocol should be an integral part
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