CAT/C/BDI/CO/2
identify and prosecute the suspected perpetrators and, if they are found guilty, punish
them appropriately and provide proper redress to the victims or their families;
(b)
Inform the Committee, in writing, of the outcomes of the investigations
and judicial proceedings that are opened and on the convictions and sentences handed
down regarding both the above-mentioned reports and those referred to in the list of
issues (CAT/C/BDI/Q/2/Add.1, paras. 9, 10, 12, 13 and 15), including the killings that
occurred during and in the wake of the 2010 elections and more recent events, such as
the killings of several members of religious minorities;
(c)
Introduce a provision into its Code of Criminal Procedure to make it
mandatory to open investigations into all allegations of torture or ill-treatment and
establish that no statute of limitations applies to the crime of torture or ill-treatment;
(d)
Protect victims from any sort of reprisal and guarantee them
appropriate redress, as recognized in article 14 of the Convention and set out in the
Committee’s general comment No. 3 (2012).
Persons with albinism
12.
The Committee is concerned by the fact that persons with albinism are the targets of
persecution and physical assaults which have led to the death of 18 persons and the
mutilation of numerous others since 2008 (arts. 10, 12 and 16).
The State party should, as a matter of urgency, protect persons with albinism from
discrimination and physical assaults, combat the impunity of those responsible for
such violations and conduct campaigns to combat such forms of discrimination.
Independence of the judiciary
13.
The Committee is concerned by numerous reports concerning the judiciary’s lack of
independence, which include reports of interference by the executive branch in the
workings of the justice system, the transfer of judges who have gone against the wishes of
the executive branch and the unfair practice of settling cases involving offences such as
rape or sexual violence against women and children “amicably”. Those concerns are
compounded by shortcomings in the justice system, such as a shortage of resources,
including a dearth of judges and a lack of basic training for them; delays in processing
cases; and a failure to enforce some court decisions. The “amicable” settlement of criminal
cases undermines people’s trust in the judicial system and encourages people to resort to
mob justice. Finally, while taking note of the National Forum on the Justice System, held in
August 2013, the Committee finds it regrettable that the Forum’s final report has not been
published (arts. 12, 13 and 15).
The State party should amend the law governing the composition of the High Council
of the Judicature (Conseil supérieur de la magistrature) to ensure the Council’s
independence and impartiality. The State party should also adopt all other measures
necessary to ensure the judiciary’s independence, including the selection of judges
through a competency-based selection process, career progression dependent solely on
objective, merit-based assessments of their performance and guaranteed their security
of tenure. Judicial authorities found to be responsible for corruption or abuse of
power should be punished. The State party should also build up the justice system’s
human-resource capacity in both quantitative and qualitative terms and should
provide judicial authorities with better training in order to restore people’s trust in
the justice system and thereby dissuade them from resorting to mob justice. The State
party should make the report of the National Forum on the Justice System public and
act upon its recommendations.
4
GE.14-24205