of its concern. The State party should further ensure that a legal aid mechanism exists to guarantee
that any person has an enforceable right to a lawyer and other due process guarantees, so that all
suspects have the possibility of defending themselves and of lodging complaints of abusive treatment in
violation of national law and the Convention.
The State party should review, through its relevant institutions, including governmental and judicial
mechanisms at all levels, all local regulations in order to ensure they are in conformity with the
Constitution and with ratified legal international instruments, in particular the Convention.
Violence against women, including sexual and domestic violence
(16) The Committee is concerned by allegations of the high incidence of rape in conflict areas perpetrated by
military personnel as a form of torture and ill-treatment and by the absence of investigation, prosecution and
conviction of the perpetrators. In addition, the Committee is also concerned at the narrow definition of rape in the
Penal Code and at the evidentiary requirement of article 185, paragraph 2, of the Code of Criminal Procedure, which
requires rape complaints to be confirmed by two witnesses. While acknowledging the adoption of Law No. 23/2004
on domestic violence, the Committee remains concerned about the high reported incidence of domestic violence in
the State party, the absence of implementing regulations, the insufficient awareness and training of law enforcement
officials and allocation of Government funds to support the new system and the absence of statistical data on such
phenomena. The Committee also noted the information provided by the delegation on female genital mutilation, and
remains seriously concerned about its widespread practice in the State party (art. 16).
The State party should ensure prompt, impartial and effective investigation of all allegations of rape
and sexual violence, including those perpetrated in military conflict areas, and prosecute and punish
perpetrators with penalties appropriate to the grave nature of their acts. The State party should,
without delay, repeal all discriminatory laws against women, including article 185, paragraph 2, of the
Code of Criminal Procedure.
The State party should adopt all adequate measures to eradicate the persistent practice of female
genital mutilation, including through awareness-raising campaigns in cooperation with civil society
organizations.
The State party should adopt all necessary measures to implement Law No. 23/2004, which includes
the training of law enforcement officials, especially in cooperation with civil society organizations, to
allocate adequate funding and collect relevant information to prevent and combat domestic violence.
Juvenile justice system
(17) While noting the State party’s intention to raise the minimum age of criminal responsibility to 12 years, the
Committee is deeply concerned that it remains established at 8 years of age, that detained children are not fully
segregated from adults, that a large number of children are sentenced to jail terms for minor offences and that
corporal punishment is lawful and frequently used in juvenile prisons, such as in the Kutoarjo prison. The
Committee is also concerned at the lack of a comprehensive juvenile justice system oriented to education and the
socialization of children in conflict with the law. Further, there is inadequate protection of street children against
violence (arts. 2 and 16).
The State party should, as a matter of urgency, raise the minimum age of criminal responsibility in
order to bring it into line with the generally accepted international norms on the subject and to abolish
all corporal punishment of children.
The State party should take the necessary measures to guarantee the proper functioning of a juvenile
justice system including, inter alia, by treating minors in a manner appropriate to their age, in
conformity with the United Nations Standard Minimum Rules for the Administration of Juvenile
Justice (the Beijing Rules), the United Nations Guidelines for the Prevention of Juvenile Delinquency
(the Riyadh Guidelines) and the United Nations Rules for the Protection of Juveniles Deprived of Their
Liberty.
66
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