CAT/C/BFA/CO/1
Promotion and Protection of Human Rights has expired. The Committee is concerned about
the lack of resources that prevent the Commission from being operational (art. 2).
The State party should establish a separate budget for the Commission to allow it to
function properly and to guarantee its independence. The State party should ensure
that the Commission has sufficient human and financial resources to carry out its
mandate, in conformity with the Paris Principles (General Assembly resolution 48/134
of 20 December 1993, annex). It should also request accreditation for the Commission
from the International Coordinating Committee of National Institutions for the
Promotion and Protection of Human Rights.
National preventive mechanism
16.
The Committee regrets that the State party has not established a national preventive
mechanism since ratifying the Optional Protocol to the Convention against Torture and
Other Cruel, Inhuman or Degrading Treatment or Punishment in July 2010 (art. 2).
The State party should expedite the establishment of a national preventive mechanism
and allocate the necessary human and financial resources to enable it to carry out its
functions effectively and independently, in line with the relevant provisions of the
Optional Protocol and with the basic principles of the guidelines on national
preventive mechanisms of the Sub-Committee on Prevention of Torture
(CAT/OP/12/5).
Independence of the judiciary
17.
The Committee remains concerned by reports that the judiciary is not independent of
the executive branch, in particular that the Higher Council of the Judiciary remains under
the authority of the executive. It is concerned by a number of reports of corruption
pervading the judiciary, notwithstanding the action taken by the State party to correct this
situation. The Committee is also concerned about the refusal in 2009 (A/HRC/10/80, para.
100) of the recommendation in paragraph 58 (a) of the report of the Working Group on the
Universal Periodic Review, requesting the State party to make every possible effort to
ensure that the justice system can operate independently and that all political influence on
the legal system is eliminated (arts. 2 and 12).
The State party should:
(a)
Take appropriate measures to guarantee and protect the judiciary’s
independence and ensure that the judiciary, including the Higher Council of the
Judiciary, is able to carry out its functions free from any pressure or interference on
the part of the executive, in line with the Basic Principles on the Independence of the
Judiciary (General Assembly resolutions 40/32 of 29 November 1985 and 40/146 of 13
December 1985);
(b)
Provide the judiciary with the human and financial resources that it
needs to guarantee its independence by ending any political influence on the judicial
system and combating corruption more assiduously.
Redress
18.
While noting that article 3 of the Code of Criminal Procedure allows for victims to
sue for damages in criminal proceedings, the Committee regrets that no redress has been
afforded by the courts of the State party to victims of acts of torture or ill-treatment. The
Committee also regrets that rehabilitation measures, including medical treatment and social
rehabilitation services, have not been established for victims of torture (art. 14).
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