The State party should ensure the independence and the effective functioning of the Public Prosecution
Office as to ensure, inter alia, that allegations of torture and cruel, inhuman or degrading treatment
are promptly and impartially investigated and, if appropriate, prosecuted and sanctioned. To this end,
the State party should swiftly complete the reform process aimed at strengthening the Office’s
independence and effectiveness.
(7)
The Committee notes that the Sector for Internal Control and Professional Standards (SICPS) within the
Ministry of Interior is the body mandated to monitor the conduct of the police, but is concerned that an independent
and external oversight mechanism for acts committed by the police is lacking. In this respect, while welcoming the
adoption of a law strengthening the Office of the Ombudsman in 2003, it is concerned that this Office has still
limited functions, and that its decisions are not binding.
The State party should intensify its efforts to establish a system of independent and impartial
monitoring to investigate and monitor alleged police misconduct. In this respect, the State party should
consider strengthening and extending the mandate of the Ombudsman, including the capacity to
investigate acts committed by police officers. Furthermore, cooperation between the SICPS and the
Ombudsman should be improved and adequate follow-up should be given to the Ombudsman’s
recommendations by all relevant authorities.
Article 3
(8)
The Committee is concerned at the inadequate functioning of the system for processing and determining
asylum claims, especially with respect to those claims channelled through the so-called “accelerated procedure”.
The State party should ensure that a thorough review of each individual case is provided for asylum
claims. In this respect, the State party should ensure that effective remedies are available to challenge
the decision not to grant asylum, especially when the claim is channelled through an accelerated
procedure. Such remedies should have in any case the effect of suspending the execution of the above
decision, i.e. the expulsion or deportation.
(9)
The Committee takes note of the State party’s position that the SICPS has not found any wrongdoing of any
officials of the Ministry of Interior or any other authority in the well-known case of Mr. Khaled El-Masri.
However, - noting the concerns expressed by various international bodies, including the Council of Europe
Committee on Legal Affairs and Human Rights on the matter, - the Committee is concerned that the events
surrounding the arrest, detention and transfer to a third country of Mr. El-Masri have not been fully clarified.
The Committee recalls its position that responses to the threat of international terrorism adopted by
States parties to the Convention must be in conformity with the obligations undertaken by them in
ratifying it. In this respect, the State party should ensure that a new thorough investigation is
undertaken in order to assess whether the treatment of Mr. El Masri has been in compliance with the
Convention and other international human rights standards.
Article 4
(10) The Committee notes with concern the data showing that very low penalties have been imposed on persons
convicted for the crimes of torture (article 142 of the Criminal Code) and ill-treatment while carrying out official
duty (article 143 of the Criminal Code) (arts. 4 and 16).
The State party should ensure that the acts of torture are punished by appropriate penalties which
take into account their grave nature. The Committee, underlining that the conditions that give rise to
cruel, inhuman or degrading treatment or punishment frequently facilitate torture and that, therefore,
the measures required to prevent torture must be applied to prevent cruel, inhuman or degrading
treatment or punishment, believes that appropriate penalties should likewise be applied to acts of
cruel, inhuman or degrading treatment.
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