A/HRC/16/52/Add.3
afforded to the judiciary to make this decision. Another concern was the fact that
children were held together with adults in police stations, as was the case in the
Horizon Adult and Juvenile Correctional and Remand Centre, where boys and girls
were held in the same facility as adults, albeit in separate sections, and in the Fort
Augusta Adult and Juvenile Correctional Centre, where the girls were not segregated
from the women.
73.
The Special Rapporteur was encouraged by the fact that no death sentences
have been executed since 1988. However, he expressed concern at the increasing
number of fatal shootings by the police, often allegedly amounting to extrajudicial
executions, as well as the apparent lack of investigation and accountability in a large
number of these cases.
74.
The Special Rapporteur was concerned about the narrow scope of offences to
be investigated by the Independent Commission of Investigation. Only allegations of
misconduct of a “grave and exceptional nature” are investigated by the Commission,
leaving victims vulnerable to a subjective and discretionary interpretation of these
terms. He therefore recommends that the Commission be equipped with sufficient
powers and resources to investigate any form of police misconduct, including threats,
intimidation or discrimination by the police, as well as allegations of extrajudicial
killings, torture and other ill-treatment. In particular, all individual cases of torture
and ill-treatment described in the appendix to the present report should be
investigated without further delay, and the perpetrators brought to justice.
75.
In recent years, the Government has undertaken several initiatives to address
domestic and gender-based violence. However, the effectiveness of the enforcement
mechanisms remains unclear. The Special Rapporteur looks forward to the adoption
of the necessary amendments to the Domestic Violence Act and the entry into force of
the Sexual Offences Act as preventive tools.
B.
Recommendations
76.
In the spirit of cooperation and partnership, the Special Rapporteur makes the
recommendations below to the Government, aimed at preventing torture and illtreatment and improving conditions of detention. He is assured that every effort will
be taken to implement his recommendations and stands ready to offer his full
cooperation and assistance in this regard.
Impunity
77.
The Special Rapporteur recommends that the Government:
(a)
Issue, by the highest authorities, a public condemnation of torture and
ill-treatment, including excessive use of police force;
(b)
Ratify the Convention against Torture and Other Cruel, Inhuman or
Degrading Treatment or Punishment and the Optional Protocol thereto, providing for
regular preventive visits to all places of detention by an independent domestic
monitoring body; a declaration should be made with respect to article 22 of the
Convention, recognizing the competence of the Committee against Torture to receive
and consider communications from individuals who claim to be victims of a violation
of the provisions of the Convention;
(c)
Re-accede to the First Optional Protocol to the International Covenant
on Civil and Political Rights, providing for the right to lodge individual complaints to
the Human Rights Committee;
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