(17) While welcoming the amendment of the Prisons Act of 2004 providing for the release of prisoners on parole
including terminally ill prisoners, the Committee remains concerned at the fact that the prison authorities make in
practice little use of this remedy (art. 16).
The State party should urge the competent prison authorities to use in practice all legal possibilities to
release prisoners on parole by the Commissioner of Prisons on the recommendation of the Parole
Board and to discharge from prison any terminally ill prisoner.
(18) The Committee notes with concern that juveniles are often not held separately from adults, women from men,
and pretrial detainees from convicted prisoners. The Committee is also concerned at the low legal age for criminal
responsibility (eight years) (art. 16).
The State party should take urgent measures to ensure that accused persons are detained separately
from convicted ones and that children and women are detained separately from adults and men
respectively in all circumstances. The State party should rise the age of criminal responsibility to a
more internationally acceptable age.
(19) The Committee expresses concern at the conditions of detention of convicted prisoners on death row, which
may amount to cruel, inhuman or degrading treatment in particular due to overcrowding and the excessive length of
time on death row (art. 16).
The State party should consider taking measures to restrict the application of the death penalty and
should adopt procedural reforms which include the possibility of measures of pardon. Furthermore,
the State party should ensure that its legislation provides for the possibility of the commutation of a
death sentence where there have been delays in its implementation. The State party should ensure that
all persons on death row are afforded the protections provided by the Convention.
Violence perpetrated by law enforcement officials
(20) The Committee expresses its concern at information of law enforcement personnel inflicting torture and other
cruel, inhuman or degrading treatment during criminal investigations in police station (arts. 1, 16).
The State party should ensure that the allegations of the excessive use of force during criminal
investigations are thoroughly investigated, if appropriate brought to trial and if found responsible
adequately punished.
Protection of children from cruel, inhuman or degrading treatment
(21) While noting that the State party’s legislation prohibits corporal punishment in schools, the Committee
remains concerned about the absence of legislation prohibiting such punishment in the family and in institutions
other than schools and that corporal punishment is de facto widely practiced and accepted as a means of upbringing
(art. 16).
The State party should extend legislation prohibiting corporal punishment to the family and to
institutions other than schools, ensure that legislation prohibiting corporal punishment is strictly
enforced and undertake awareness-raising and educational campaigns to that effect.
Violence against women
(22) The Committee acknowledges the State party’s ongoing process of reviewing the Penal Code to prevent and
punish gender-based violence as well as the National Action Plan on Gender Based Violence. However, the
Committee notes with concern reports of widespread violence against women, particularly rape and violence in the
family. The Committee is also concerned at the discrepancy between statutory and customary law as regards issues
of gender-based violence (art. 16).
88
Select target paragraph3
Connect to a paragraph
Connect to an entity
Disable highlights
Add to table of contents