CAT/C/BFA/CO/1
they have an obligation to initiate an investigation when they receive allegations of
acts of torture.
Fundamental legal safeguards
11.
The Committee is concerned by the fact that persons in detention are not afforded
full and fundamental legal safeguards from the outset of deprivation of liberty, in particular
that they are not granted the legal right to the assistance of a lawyer during police
investigations, on the grounds that such investigations are secret. The Committee is also
concerned about the fact that suspects might not always be afforded the opportunity to
contact their relatives or a close family member, on the same grounds. The Committee is
also concerned by the fact that a person can be held in police custody for up to 15 days
without being presented to a court if he or she is suspected or accused of involvement in
organized crime (arts. 2, 11, 12 and 16).
The State party should:
(a)
Take all necessary measures to ensure, in law and in practice, that all
persons who are deprived of their liberty are afforded fundamental legal safeguards
from the outset of police custody, in the light of the Committee’s general comment No.
2 (2008) on the implementation by States parties of article 2, namely:
(i)
The right to be informed of the reasons for the arrest in a language that
they understand;
(ii)
Access to a lawyer from the outset of deprivation of liberty and, if
necessary, to legal assistance;
(iii) The opportunity to have a medical examination by an independent
physician of their choice;
(iv)
The right to contact a family member or close acquaintance; and
(v)
The right to be presented before a judge within 48 hours.
(b)
Expedite the revision of its Code of Criminal Procedure in order to bring
it into line with international human rights standards. The State party should provide
additional financial and human resources to the judiciary, including resources for the
Legal Assistance Fund; and
(c)
Revise Act No. 017-2009/AN of 5 May 2009 on organized crime with a
view to significantly reducing the length of time that suspects are held in police
custody and thus prevent any infringement of the fundamental legal safeguards that
are accorded to all persons who are deprived of their liberty.
Investigations and prosecutions
12.
The Committee is concerned by the fact that no investigations have been conducted
by the State party into many alleged acts of torture and ill-treatment which, in some cases,
have reportedly resulted in the deaths of persons in detention. The Committee is also
concerned that no prosecutions have been brought in the cases of the death in detention or
fatal shootings of Moumouni Zongo, Romuald Tuina, Ouedraogo Ignace, Ouedraogo
Lamine, Halidou Diande, Arnaud Some and Mamadou Bakayoko. The Committee is also
concerned by reports of hazing and other forms of ill-treatment being carried out during
military training (arts. 12, 13 and 16).
The State party should:
(a)
Take appropriate measures to ensure that thorough, independent and
impartial investigations are conducted into all reports of alleged torture and ill4
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