C. Subjects of concern and recommendations
(4)
While welcoming the oral assurances given by the delegation that it will make recommendations for changes in
domestic law regarding torture, the Committee remains concerned that the State party has not incorporated a specific
definition of the crime of torture in its penal legislation as set out in article 1 of the Convention.
Recalling the Committee’s previous recommendation (A/52/44, para. 62), the State party should
incorporate a definition of the crime of torture into its Criminal Code in accordance with article 1 of the
Convention.
(5)
The Committee notes with concern that article 125 of the Criminal Code relating to violence and cruel acts is
only applicable to specific individuals in investigation and trial processes, while other acts constituting torture that fall
outside the scope of this article are dealt with under different provisions of the Criminal Code and are subject to lesser
penalties.
The State party should review and, if necessary, amend its Criminal Code to ensure that all acts of
torture are criminalized and punished in accordance with article 4, paragraph 2, of the Convention.
(6)
While acknowledging recent measures to limit the application of the National Security Law and to extend
leniency to persons convicted, the Committee remains concerned that specific provisions of the law remain vague and
that rules and regulations regarding arrest and detention continue to be applied in an arbitrary way.
Recalling the Committee’s previous recommendation (A/52/44, para. 59), the State party should continue
to review the National Security Law to ensure that it is in full conformity with the Convention, and that
arrests and detentions under the law do not increase the potential for human rights violations. The State
party should also include information, in its next periodic report, on the progress and outcomes of
discussions within the National Assembly to repeal or amend the law.
(7)
Despite the existence of legislative and administrative measures to prevent and prohibit torture and other forms
of ill-treatment, the Committee remains concerned at continuing allegations of torture and intimidation committed by
law-enforcement officials, in particular in relation to the use of excessive force and other forms of ill-treatment, during
arrest and investigation, and in detention and correctional facilities.
The State party should give higher priority to efforts to promote a culture of human rights by ensuring
that a policy of zero tolerance is developed and implemented for all law-enforcement personnel, as well
as for all staff in detention and correctional facilities. The State party should also intensify its efforts to
reinforce human rights education, awareness-raising and training activities in general, and with regard
to the prohibition of torture in particular.
(8)
In view of the number of reported allegations of torture and/or other acts of cruel and inhuman or degrading
treatment, and of complaints of human rights violations in general, the Committee is concerned about the relatively low
rate of indictments, convictions and disciplinary measures imposed on law-enforcement officials. In this regard, the
Committee is also concerned that the application of a statute of limitations on torture offences, in both criminal and civil
law, may result in the lack of investigation, prosecution, and punishment of acts of torture, as well as in the lack of
compensation and other remedies provided to victims of torture. Further, the Committee is concerned that there are no
specific programmes for the treatment or rehabilitation of victims of torture.
The State party should:
(a)
Ensure in its legal system that all allegations of torture and ill-treatment are promptly
and thoroughly examined, and that all victims obtain redress and have an enforceable right to fair and
adequate compensation;
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