CAT/C/BFA/CO/2 (d) Expedite trials of terrorism cases, and to do so, provide the counterterrorism unit with the human, material and financial resources necessary to investigate and prosecute cases within a reasonable time. Allegations of torture and ill-treatment and their investigation and prosecution 13. While welcoming the adoption of article 10 of Act No. 022-2014/AN, which stipulates that “any statement obtained as a result of torture or related practices cannot be used as evidence in any proceedings, except to establish the responsibility of the offender”, the Committee remains concerned about allegations of torture and ill-treatment of individuals by the police or gendarmerie during their arrest, transport, custody and interrogation, with the aim of extracting confessions from them. The Committee further notes with concern that the obligation to carry out an investigation when there are sufficient grounds to believe that an act of torture has been committed is not applicable to allegations of cruel, inhuman or degrading treatment or punishment, which are nonetheless punishable under Act No. 022-2014/AN. Article 16 has thus not been incorporated into the State party’s legislation. Lastly, the Committee is concerned about the lack of legal proceedings undertaken in response to multiple allegations of abuse, torture and ill-treatment and excessive use of force by the police during the popular uprising of 2014; the failed coup attempt of 2015; and the Yirgou events of January 2019, which resulted in several deaths and displaced hundreds of persons. In this regard, the Committee regrets the lack of implementation of the recommendations made by the National Human Rights Commission following an investigation conducted jointly with the High Council for Reconciliation and National Unity (arts. 2, 4, 12, 13 and 16). 14. Reiterating the recommendations it made in its previous concluding observations (para. 10), the Committee urges the State party to clearly reaffirm the absolute prohibition on torture by publicly condemning the practice of torture and raising awareness and disseminating the content of Act No. 022-2014/AN and the 2018 Criminal Code. The State party should also: (a) Ensure that the competent authorities routinely launch an investigation whenever there are reasonable grounds to believe that an act of torture has been committed and see to it that suspects are duly brought to justice and, if they are found guilty, receive sentences commensurate with the seriousness of their acts; (b) Expedite the investigations opened into the social and political unrest of 2014 and 2015 and promptly finalize the investigation into the abuses committed in Yirgou in January 2019, providing a legal aid mechanism for victims and a victim and witness protection mechanism; (c) Put in place an independent, effective and confidential complaints mechanism that is accessible to victims, at all police custody facilities and all prisons, and ensure that complainants and victims are protected from any reprisals; (d) Compile and disseminate up-to-date statistics on the complaints filed, investigations conducted, prosecutions initiated and convictions handed down in cases of torture; and (e) Amend Act No. 022-2014/AN so that it includes an obligation for the competent authorities to carry out an investigation whenever there are reasonable grounds to believe that cruel, inhuman or degrading treatment or punishment has been committed in any territory under their jurisdiction. Impunity 15. The Committee is deeply concerned about the fact that Act No. 026-2018/AN of 1 June 2018 on the general regulations for intelligence in Burkina Faso, in article 18, provides for the exemption from punishment of “intelligence officers who, in carrying out their missions, commit crimes that are absolutely necessary in order to ensure the effectiveness of the mission or to ensure their own safety or that of other persons associated with the fulfilment of that mission”. The Committee is of the view that this vague provision might not only foster abuses, but could also promote impunity, by granting immunity to intelligence officers who commit acts of torture or ill-treatment (arts. 2, 4, 12 and 13). 4 GE.19-21958

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