CAT/C/BFA/CO/2 16. The State party should ensure that no immunity is granted to intelligence officers who have committed acts of torture or ill-treatment. Actions of non-State armed groups 17. The Committee is deeply concerned about the actions of the self-defence militias known as “Koglweogo”, some of whose members reportedly carry out illegal arrests and detention, murder and acts of torture and ill-treatment. The Committee notes with concern that, while making such self-defence groups subordinate to the police, Decree No. 20161052, which sets out the conditions for the public’s participation in the implementation of neighbourhood policing, formally recognizes the participation of these “self-defence” groups in the campaign against insecurity, by assigning them a role for monitoring the security situation, collecting intelligence and even carrying out arrests. The Committee considers that these armed groups, by acting in such a capacity, are de facto acting as agents of the State (arts. 2, 12 and 16). 18. Recalling its general comment No. 2 (2007) on the implementation of article 2 by States parties, in which it established that States bear international responsibility for the acts and omissions of their officials and others, including agents, private contractors, and others acting in official capacity or acting on behalf of the State, in conjunction with the State, under its direction or control, or otherwise under colour of law, the Committee urges the State party to: (a) Stop delegating the sovereign prerogatives that are exclusively incumbent upon it, or otherwise encouraging or supporting non-State armed groups to carry out missions to maintain security; (b) Establish a mechanism to identify and monitor the actions of the Koglweogo; (c) Strengthen the presence and the manpower of the national security and defence forces, as necessary; and (d) Continue to investigate and prosecute alleged perpetrators of abuse, torture and ill-treatment, and, if they are found guilty, sentence them to appropriate penalties, providing reparation for victims. Combating terrorism and organized crime 19. While noting with concern the resurgence of terrorist attacks perpetrated in the territory of the State party, particularly in the Sahel region, the Committee is concerned about reports that specialized counter-terrorism units operating freely under the state of emergency that is in effect in 14 of the country’s provinces, including the Groupement des forces antiterroristes (Association of Counter-terrorism Forces), reportedly carry out arbitrary arrests and acts of torture during large-scale cordon-and-search operations to punish presumed terrorists and their accomplices or family members and to extract confessions from them (arts. 2, 11, 12 and 16). 20. The State party should ensure that its counter-terrorism measures and legislation are in conformity with the Convention’s prohibitions against torture and ill-treatment, and that all allegations of torture and ill-treatment of persons accused of involvement in terrorist acts or organized crime are promptly, impartially and effectively investigated and that the perpetrators are prosecuted and duly punished. Conditions of detention 21. While welcoming the adoption of Act No. 10-2017/AN on the prison system in Burkina Faso, which includes the United Nations Standard Minimum Rules for the Treatment of Prisoners (the Nelson Mandela Rules), the Committee remains seriously concerned about the persistence of conditions of detention that amount to ill-treatment in the majority of detention centres in the country. The Committee is concerned in particular about the appallingly unhygienic conditions, poor sanitation and lack of adequate food, as well as the lack of medical care, at remand prisons and correctional institutions, and also in pretrial detention holding cells at gendarmerie and police stations. The Committee also regrets the lack of effective separation of categories of detainees and alarming prison overcrowding, that is approaching 400 per cent of capacity, at remand prisons and GE.19-21958 5