(19)
The Committee expresses its concern about a provision in the Criminal Code currently being considered by the
Constitutional Court, which exempts a rapist from any penalty if he marries the victim (arts. 4 and 13).
In the light of the grave nature of this crime, the State party should repeal this provision and ensure the
prosecution and punishment, as appropriate, of all perpetrators.
(20)
The Committee is concerned about the large percentage of persons held in pretrial detention who, according to
the State party, account for 50 per cent of all detainees (arts. 6 and 11).
The State party should step up its efforts to adopt effective measures, including legislative measures, to
reduce the number of persons held in pretrial detention.
(21)
The Committee is concerned about reports of the use of excessive force by police officers during evictions in
rural areas, which often result in the destruction of homes and other personal belongings, and sometimes even in violent
deaths (arts. 6, 10, 12 and 13).
The State party should adopt effective measures to prevent the use of excessive force during evictions,
provide specific training on evictions for police officers, and ensure that complaints concerning forced
evictions are thoroughly investigated and that those responsible are brought to trial.
(22)
The Committee expresses concern with the extension of the death penalty to new types of crimes. According to
information provided by the State party itself, 12 persons have been sentenced to death, even though under regional and
international instruments freely ratified by the State party it was legally bound to refrain from extending the death
penalty to new crimes. The failure to revoke these sentences constitutes a form of cruel and inhuman treatment or
punishment (art. 16).
The State party should bring its legislation on the death penalty fully in line with its obligations under
international law.
(23)
The Committee requests that the State party in its next periodic report provide detailed statistical data,
disaggregated by crimes, ethnicity and gender, on complaints relating to torture and ill-treatment allegedly committed by
law enforcement officials and on the related investigations, prosecutions and criminal and disciplinary sanctions
imposed in each case. Information is further requested on any compensation and redress granted to the victims.
(24)
The Committee urges the State party to consider ratifying the Optional Protocol to the Convention against
Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment.
(25)
In light of the assurances provided by the representatives of the State party that the necessary steps are being
taken to ratify the Rome Statute of the International Criminal Court, the Committee encourages the State party to
proceed with ratification of the Statute without delay.
(26)
The State party should widely disseminate its reports and the conclusions and recommendations of the
Committee through official websites, the media and non-governmental organizations.
(27)
The Committee requests the State party to provide, within one year, information on its response to the
Committee’s recommendations contained in paragraphs 12, 15, 16 and 17.
(28)
The State party is invited to submit its next periodic report, which will be considered as the sixth report,
by 3 February 2011 at the latest, the due date for the presentation of the sixth periodic report.
49
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