(c)
articles 6 to 9.
That there are no provisions giving effect to other articles of the Convention, particularly
The Committee recommends to the State party that it take all necessary legislative, administrative and
judicial measures to prevent acts of torture and ill-treatment in its territory, and in particular that it:
(a)
Adopt a definition of torture encompassing all the constituent elements contained in
article 1 of the Convention and amend its domestic criminal legislation accordingly;
(b)
Ensure that acts of torture constitute offences over which it has jurisdiction, in
accordance with article 5 of the Convention;
(c)
Provide for implementation of the Convention, especially its articles 6 to 9.
(6)
The Committee is also concerned about repeated allegations of widespread torture and ill-treatment by the State
party’s security forces and services and about the impunity allegedly enjoyed by the perpetrators of such acts.
The State party should:
(a)
Take effective measures to prevent any acts of torture or ill-treatment from occurring in
any part of the territory under its jurisdiction;
(b)
Take vigorous steps to eliminate impunity for alleged perpetrators of acts of torture and
ill-treatment, carry out prompt, impartial and exhaustive investigations, try the perpetrators of such acts
and, where they are convicted, impose appropriate sentences, and properly compensate the victims.
(7)
The Committee takes note of the outlawing of unlawful places of detention that are beyond the control of the
Public Prosecutor’s Office, such as prison cells run by the security services and the Special Presidential Security Group,
where persons have been subjected to torture. Nevertheless, it remains concerned that officials of the State party are still
depriving people of their liberty arbitrarily, especially in secret places of detention. It is also concerned about
allegations that the military and law enforcement officers commonly subject detained persons to torture and
ill-treatment.
The State party should:
(a)
Take steps, as a matter of urgency, to bring all places of detention under judicial
control, in accordance with the presidential decision of 8 March 2001;
(b)
Take effective action without delay to prevent acts of arbitrary detention and torture by
its officials. All alleged cases of arbitrary detention and torture should be thoroughly investigated, the
perpetrators prosecuted and the victims awarded full reparations, including fair and adequate
compensation;
(c)
Take steps to ensure that all arrested persons are formally registered and brought
before a judge and can exercise their right to have the assistance of a lawyer of their choosing, to be
examined by a doctor, and to contact their families or other persons of their choosing.
(8)
The Committee is concerned about qualitative and quantitative shortcomings in the judiciary and the Public
Prosecutor’s Office, the public institutions responsible for overseeing public safety and ensuring that the State functions
in a manner that guarantees respect for human rights.
18
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