(4)
The Committee notes with satisfaction the efforts being made by the State party to revise legislation, policies
and working practices so as to ensure greater protection of the right not to be subjected to torture or other cruel,
inhuman or degrading treatment or punishment, and specifically:
(a)
The legislative reform criminalizing torture, by means of Law No. 8189 of 6 December 2001 (addition
to article 123 bis of the Criminal Code);
(b)
The establishment of various means, including a free telephone line, to facilitate the lodging of
complaints and habeas corpus applications;
(c)
April 2007;
(d)
The adoption of a law criminalizing violence against women by the Legislative Assembly in
The adoption of a law to enhance efforts to combat the sexual exploitation of minors in June 2007.
C. Principal areas of concern and recommendations
Pretrial detention
(5)
The Committee endorses the concerns expressed by the Human Rights Committee (CCPR/C/CRI/CO/5)
regarding the duration of pretrial detention and the legally authorized regime of incommunicado detention. It also
expresses its concern at the high number of persons held in pretrial detention owing to a general increase in violence
in the country, as the State party has acknowledged (art. 2).
The State party should take prompt steps to restrict the use of pretrial detention, as well as its
duration, using alternative methods whenever possible when the accused does not represent a danger
to society.
Alternative measures
(6)
The Committee is concerned at the increase in the prison population and the factors that have contributed to
this situation - in particular the limited use of alternative measures, longer prison terms, the criminalization of
certain behaviour and the use of pretrial detention as a preventive measure (art. 2).
The Committee takes note of the bill introducing a new Criminal Code which will incorporate
alternative measures, and urges the State party to speed up the reforms needed to enable the judiciary
to impose alternatives to imprisonment.
Non-return
(7)
The Committee notes with concern that the Migration Bill makes no mention of a right to appeal against the
decisions of the Visa and Refuge Commission. The Committee is also concerned at the power which the Migration
Bill grants to immigration officials to reject illegal immigrants within a radius of 50 kilometres from the border
(with no administrative remedy against such decisions), a power which could affect the principle of non-refoulement
laid down in article 3 of the Convention, as well as the protection of victims of trafficking (art. 3).
The State party should take steps to ensure that, in the context of migration management, a proper
analysis can be conducted of the situation in each case and the situation in the countries from which
the “immigrants” come, so as to guarantee respect for the principle of non-refoulement. These steps
should include appropriate continuing training of migration officials.
Situation of applicants for refugee status
(8)
The Committee expresses concern at continued excessive delays in determination of refugee status.
(9)
The Committee expresses concern at the statements made by senior officials linking the rise in crime in the
country with the presence of refugees, as the Human Rights Committee has already done (CCPR/C/CRI/CO/5).
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