CAT/C/CR/29/2
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(g)
The numerous instances in prisons of prisoner-on-prisoner violence and violence
against prisoners by prison officers, which have led to serious injuries and in some cases to
death. The precarious material conditions in prisons are also a matter for concern;
(h)
The lack of information, including statistical data, on torture and cruel, inhuman
or degrading treatment or punishment, broken down by nationality, gender, ethnic group,
geographical location and type and place of detention.
D. Recommendations
11.
The Committee recommends that the State party should:
(a)
Adopt legislation making torture a punishable offence. Pursuant to the
fourth transitional provision of the new Constitution, this requires a special act or the reform of
the Penal Code within a year of the establishment of the National Assembly; this period had
already been greatly exceeded;
(b)
Adopt all necessary measures to ensure immediate and impartial investigation of
all cases of complaints of torture and cruel, inhuman or degrading treatment. The agents
concerned should be suspended from their duties during these investigations;
(c)
Adopt measures to regulate and institutionalize the right of victims of torture to
fair and adequate compensation and draw up programmes for their physical and mental
rehabilitation to the fullest extent possible, as the Committee had already recommended in its
previous conclusions and recommendations;
(d)
Continue its activities of education in and promotion of human rights, particularly
the prohibition of acts of torture, for law-enforcement and medical personnel;
(e)
Adopt measures to improve material conditions of detention in prisons and
prevent both prisoner-on-prisoner violence and violence against prisoners by prison personnel.
It is also recommended that the State party should strengthen independent prison inspection
procedures.
12.
The Committee requests that the State party should include statistical data in its next
periodic report, broken down, inter alia, by nationality, age and gender of the victims, and an
indication of the services to which the persons accused belong, with regard to cases under the
Convention coming before domestic bodies; it should also include the results of the
investigations carried out and the consequences for the victims in terms of redress and
compensation.
13.
The Committee invites the State party to submit its fourth periodic report at latest
by 20 August 2004 and to disseminate widely the Committee’s conclusions and
recommendations.
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