CAT/C/TLS/CO/1
line with the commitment made by Timor-Leste during the universal periodic review
in November 2017 (see A/HRC/34/11/Add.1, para. 5).
Redress
36.
The Committee notes with concern the lack of a legal framework for the provision
of redress to victims of torture and ill-treatment. In addition, it regrets that the State party
did not provide information on redress and compensation measures ordered by the courts or
other State bodies and actually provided to the victims of torture or ill-treatment or their
families since the entry into force of the Convention in the State party. The Committee also
regrets that the State party has presented no information on redress programmes or
measures taken to support and facilitate the work of non-governmental organizations that
seek to provide rehabilitation to victims of torture and ill-treatment (art. 14).
37.
The State party should take all necessary legislative and practical measures to
ensure that all victims of torture and ill-treatment obtain redress, including an
enforceable right to fair and adequate compensation and the means for as full
rehabilitation as possible. The Committee draws the State party’s attention to its
general comment No. 3 (2012) on the implementation of article 14 by States parties, in
which it elaborates on the nature and scope of their obligations under the Convention
to provide full redress to victims of torture.
Coerced confessions
38.
While taking note of the guarantees set forth in article 34 (4) of the Constitution and
article 110 (1) of the Code of Criminal Procedure regarding the inadmissibility of evidence
obtained, inter alia, through torture, coercion or infringement of the physical or moral
integrity of the individual, the Committee regrets that the State party has not provided it
with examples of cases dismissed by the courts because of the submission of evidence or
testimony obtained by means of torture or ill-treatment (art. 15).
39.
The State party should take effective steps to ensure in practice that confessions
obtained under torture or ill-treatment are ruled inadmissible. It should also expand
vocational training programmes for both judges and prosecutors so as to ensure their
ability to effectively identify torture and ill-treatment and investigate all allegations of
such acts. The State party should also provide the Committee with information on any
cases in which confessions were deemed inadmissible on the grounds that they were
obtained through torture and indicate whether any officials have been prosecuted and
punished for extracting such confessions.
Corporal punishment
40.
While noting that the Ministry of Education has adopted a zero-tolerance policy on
violence against children in educational settings, the Committee is concerned by the fact
that corporal punishment of children in the home, school and alternative care and day-care
settings is not yet explicitly prohibited under national law and that it remains widespread
(arts. 2 and 16).
41.
The State party should amend and/or enact legislation so as to explicitly and
clearly prohibit corporal punishment in all settings and take the measures necessary
to prevent such punishment, including through strict enforcement of the Ministry of
Education’s guidelines on classroom discipline. It should encourage non-violent forms
of discipline as alternatives to corporal punishment and conduct public information
campaigns to raise awareness about the harmful effects of such punishment.
Persons with mental disabilities
42.
The Committee is concerned about the limited availability of psychiatric services for
persons with mental disabilities in the State party, resulting in a situation in which they are
forced to stay with their families, and at reliable reports suggesting that there are many
cases of persons with mental disabilities in the State party being subjected to ill-treatment
by family or community members, including being confined and restrained by force in
degrading conditions.
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