(7)
The Committee notes that the Stat party makes extradition contingent on the existence of an extradition treaty
and that the Extradition Act allows for extradition of offenders from and to Commonwealth countries. The
Committee is however concerned by the fact that the State party, when the State party receives a request for
extradition from another State with which it has no extradition treaty, does not invoke the present Convention as a
legal basis for extradition in respect of the crimes enumerated in article 4 of the Convention (arts. 7, 8).
The State party should take appropriate legislative and administrative measures to ensure that the
present Convention can be invoked as a legal basis for extradition in respect of the crimes enumerated
in article 4 of the Convention, when it receives a request for extradition from any other State party
with which it has no extradition treaty, while at the same time observing the provisions of article 3 of
the Convention.
Obligation to investigate and right to complain
(8)
The Committee notes with satisfaction that the Human Rights Commission is allowed to conduct prison and
police cells inspections. However, it is concerned that it does not have sufficient financial and human resources to
conduct such visits nor the power to take action against persons found guilty as it can only make recommendations
to the competent authorities. The Committee also express concern about the frequent failure by the State party to
implement the Commission’s recommendations and that the Commission is not competent to initiate legal
proceedings on behalf of complainants (art. 11).
The State party should provide the Human Rights Commission with sufficient financial and human
resources and allow it to receive financial support without the prior agreement of the President. It
should also reinforce the independence of the Commissioners, especially with regard to the
appointment process, and enhance the enforcement power of the Commission. Additionally, the State
party should ensure that the Commission is competent to initiate legal proceedings and that its
recommendations are fully and promptly implemented by the authorities they are directed to.
(9)
While noting that the State party has begun the process of drafting a prosecution policy, the Committee is
concerned that, despite the State party’s commitment expressed seven years ago (A/57/44), no measures have been
taken to remove the function of prosecution from the police to the Director of Public Prosecutions (art. 12).
The State party should ensure the prompt enactment of an adequate prosecution policy in order to
ensure a fully independent complaint mechanism for victims of torture. In that regard, it should
remove the function of prosecution from the police to the Director of Public Prosecution in order to
guarantee suspect’s rights in the administration of justice.
(10) While noting that officers found guilty by the Police Public Complaints Authority (PPCA) have been charged
with administrative sanctions, the Committee regrets the absence of prosecution of perpetrators of torture and cruel,
inhuman or degrading treatment, as well as the lack of appropriate penalties for such perpetrators. The Committee is
also concerned at the lack of appropriate compensation for victims of torture (arts. 4, 14).
The State party should ensure adequate prosecution of perpetrators of acts of torture and appropriate
compensation, including full rehabilitation for victims of torture. In that regard the State party should
include in its next periodic report, statistical information on the number of cases of torture brought to
courts and on compensation received by victims.
Fundamental safeguards
(11) The Committee notes with concern that the Police Service rely on the Judges’ Rules, which are not
enforceable, for guidance on the procedures to be followed by police officers in detaining and questioning suspects.
The Committee also expresses concern that there are no formal rules ensuring the right to contact relatives, the
right of access to a lawyer, including for children, and medical examination from the outset of the detention
(arts. 2, 11).
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