CAT/C/NER/CO/1
leads to arbitrary arrests and convictions. The Committee is also concerned at allegations
that journalists, human rights defenders and members of the opposition have been subjected
to excessive use of force, arbitrary arrest and detention under counter-terrorism legislation.
Lastly, the Committee is concerned about the State party’s capacity to ensure compliance
with the Convention by the foreign armed troops operating on its territory with its consent
(arts. 2, 11, 12 and 16).
32.
The State party should:
(a)
Ensure that the measures taken to combat terrorism are in conformity
with the Convention and strictly necessary in the light of the situation and the
requirements of the principle of proportionality;
(b)
Carry out impartial and thorough investigations into all allegations of
excessive use of force, develop clear guidelines on the use of force and weapons,
incorporating the principles of lawfulness, necessity, proportionality and the
precautionary principle and bring laws and regulations governing the use of force into
line with international standards, in particular the Basic Principles on the Use of
Force and Firearms by Law Enforcement Officials;
(c)
Investigate and prosecute all cases of arbitrary arrest and, where
appropriate, provide the victims with compensation;
(d)
Strengthen efforts to publish information related to the state of
emergency and disseminate it to the public;
(e)
Strengthen the protection of persons internally displaced by the state of
emergency and prevent them from being mistreated;
(f)
Ensure that all allegations of torture and ill-treatment of persons
accused of involvement in terrorist acts are promptly, impartially and effectively
investigated and that perpetrators are prosecuted and appropriately punished;
(g)
Ensure that all armed forces operating on its territory with its consent
respect instruments on human rights and international humanitarian law.
Death penalty
33.
While welcoming the absence of executions since 1976, which makes the Niger a de
facto abolitionist State, the commencement of a process that is to lead to the abolition in
law of the death penalty and the beginning of the process of accession to the Second
Optional Protocol to the International Covenant on Civil and Political Rights, aiming at the
abolition of the death penalty, the Committee regrets that the death penalty is still provided
for in law and that death sentences continue to be handed down (art. 16).
34.
The Committee urges the State party to:
(a)
Commute all death sentences already handed down to prison sentences
and continue the process of formally abolishing the death penalty in law;
(b)
Ensure that the current conditions of detention for condemned prisoners
do not constitute cruel, inhuman or degrading punishment or treatment by taking
immediate steps to strengthen legal safeguards, including by guaranteeing such
persons and their defence counsel full access to all evidence in their case files and
providing condemned prisoners with all available information on their situation and
rights.
Training on the provisions of the Convention
35.
While acknowledging the efforts undertaken by the State party to provide general
human rights training, including for members of the police, the defence and security forces,
and the judiciary, the Committee regrets that no specific training is provided on the
Convention or the Istanbul Protocol. The Committee also regrets that no mechanism for
evaluating the effectiveness of training programmes has been established (art. 10).
GE.19-22137
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