The State party should inform clearly and unequivocally all persons under its jurisdiction that it
condemns torture and ill-treatment. It should adopt effective legislative and administrative and judicial
measures so as to ensure that all allegations of torture and cruel, inhuman or degrading treatment are
swiftly followed up by inquiries, prosecution and penalties. As far as allegations of torture are
concerned, the suspects should be suspended from their duties, when appropriate.
(23)
While the Committee welcomes the establishment of the National Human Rights Commission (CNDH), it is
concerned by the Commission’s lack of independence, which might hinder its effectiveness, and also by the limited
scope of its recommendations (art. 13).
The State party should adopt appropriate measures to guarantee the independence and impartiality of
the National Human Rights Commission, to increase the Commission’s human and financial resources
and to ensure its ability to deal with complaints, to investigate violations of the Convention and to refer
such cases to the judiciary.
(24)
The Committee is concerned by the absence in the Code of Criminal Procedure of provisions requiring the
invalidation of statements obtained under torture. The Committee is worried by the State party’s statement to the effect
that the declaration of invalidity of such statements is only effective if it is not established that the act of which the
defendant is accused took place,which is tantamount to allowing a statement obtained under torture to be used as
evidence (art. 15).
The State party should take the necessary steps to incorporate in its Code of Criminal Procedure
provisions requiring the invalidation of statements obtained under torture, irrespective of whether the
acts of which the defendant is accused took place.
(25)
The Committee has taken note with concern of the reprisals, serious acts of intimidation and threats to which
human rights defenders are subjected, especially those who report acts of torture and ill-treatment (art. 16).
The State party should adopt effective measures to ensure that all persons who report cases of torture or
ill-treatment are protected against any act of intimidation and harmful effect that might result from such
reports. The Committee encourages the State party to strengthen its cooperation with civil society in
campaigning for the eradication and prevention of torture.
(26)
While noting the adoption in Togo in 2005 of legislation relating to trafficking in children, the Committee is
concerned by information received that the problem persists, in particular in the north and centre of the country, and that
it also affects women (art. 16).
The State party should take the necessary steps to combat trafficking in women and children effectively
and to punish those responsible for such acts.
(27)
While it takes note of legislation prohibiting female genital mutilation, the Committee remains concerned by
the persistence of this practice in certain regions of Togo (art. 16).
The State party should take the necessary steps to eradicate the practice of female genital mutilation,
including through nationwide awareness-raising campaigns, and to punish the perpetrators of such acts.
(28)
The Committee encourages the State party to request the Office of the United Nations High Commissioner for
Human Rights to provide technical cooperation assistance.
66
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