A/67/44
United Nations in 2004. In addition, the State party should assess the effectiveness and
impact of such training and educational programmes.
Confessions obtained under torture
(20) The Committee notes that statements made as a result of torture may not be invoked
in any proceedings, and that they are recognized by the State party as “null and void” or as
contracts “concluded under duress”. However, the Committee remains concerned to note
that the law does not explicitly prohibit the act of obtaining confessions under duress; thus,
the provisions currently in force remain inadequate to ensure proper implementation of the
Convention (art. 15).
The State party should ensure that the law governing evidence adduced in judicial
proceedings is brought into line with article 15 of the Convention so as to explicitly
exclude any confessions obtained under torture.
Violence against women and harmful traditional practices
(21) The Committee welcomes the criminalization since 1995 of the practice of female
genital mutilation through the inclusion of article 333 in the State party’s Criminal Code.
The State party has recognized that the provisions of this article have not been applied
owing to the lack of complaints filed against this practice. The Committee remains
concerned about the fact that female genital mutilation is still very widespread, and in
particular that there are many cases of infibulation — an extreme form of female genital
mutilation — especially in rural areas. The Committee also remains very concerned about
the fact that cases of mutilation are generally not reported and are therefore neither
prosecuted nor punished (arts. 2, 10 and 16).
The State party should strengthen its efforts to prevent, combat and punish violence
against women and children and harmful traditional practices, in particular in rural
areas. The Committee endorses the recommendations addressed to the State party
during the universal periodic review of Djibouti (A/HRC/11/16, para. 67, subparas. 18
and 25; para. 68, subparas. 3 and 8), as well as the recommendations of the
Committee
on
the
Elimination
of
Discrimination
against
Women
(CEDAW/C/DJI/CO/1-3, paras. 18 and 19) and of the Committee on the Rights of the
Child (CRC/C/DJI/CO/2, para. 56). Furthermore, the State party should provide
victims with rehabilitative as well as legal, medical and psychological services, along
with compensation. It should also create adequate conditions allowing victims to
report incidents of harmful traditional practices and domestic and sexual violence
without fear of reprisal or stigmatization. The State party should provide training to
judges, prosecutors, police officers and community leaders on the strict application of
the Criminal Code and the criminal nature of harmful traditional practices and other
forms of violence against women.
In general, the State party should ensure that its customary law and customary
practices are compatible with its human rights obligations, particularly those deriving
from the Convention. The State party should also explain the hierarchy between
customary law and domestic law, particularly with regard to the various forms of
discrimination against women.
The Committee also asks that the State party include in its next report detailed
information and updated statistics on complaints, investigations, prosecutions,
convictions and penalties handed down to individuals found guilty of criminal
behaviour involving harmful traditional practices, including murder, and on the aid
and compensation provided to the victims.
GE.12-44492
41
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