A/69/44
perpetrators of these incidents, the Committee is concerned by the slow pace at which the
State party is working to determine responsibility for the acts of torture, summary
executions, rapes, sexual abuse, instances of sexual slavery, arrests, arbitrary detention and
enforced disappearances perpetrated during those events by law enforcement officers. The
Committee is particularly disturbed at the massive sexual violence committed against girls
and women during these events which has seldom been prosecuted, thereby contributing to
a persistent climate of impunity. The Committee is also seriously concerned at the fact that
certain individuals charged by the Guinean authorities with flagrant violations of human
rights committed during these events are members of the current Government, namely
Colonel Pivi, Minister for Presidential Security, and Moussa Tiegboro Camara, Secretary of
State for Special Services, Drug Control and Organized Crime (arts. 2, 12, 13, 14 and 16).
The State party should:
(a)
Ensure, as a matter of priority, that all the human rights violations
committed during the events at Conakry Stadium, particularly the cases of torture
and sexual violence, are systematically investigated, and promptly and impartially
prosecuted, so as to guarantee to victims that the truth will be known, and justice and
reparations granted, in accordance with the Convention and the Rome Statute, which
Guinea ratified in 2003;
(b)
Ensure that witnesses are provided with adequate protection and
financial resources under a witness protection programme;
(c)
Temporarily relieve of their duties, for so long as the investigation lasts,
those members of the security forces who are suspected of having committed grave
violations of human rights during the events at Conakry, while ensuring that the
principle of the presumption of innocence is upheld;
(d)
Temporarily relieve of their duties all members of the Government
accused of grave violations of human rights committed during the events at Conakry
and in particular Colonel Pivi and Moussa Tiegboro Camara;
(e)
Cooperate closely with the preliminary investigation opened by the
Office of the Prosecutor of the International Criminal Court with regard to these
events so as to bring the perpetrators before the Court.
Forced confessions
(11) The Committee deplores the fact that no legal provision establishes the
inadmissibility in courts of statements or confessions extracted under torture, except when
such statements are made against a person accused of torture. The Committee is also deeply
concerned that the use of torture to extract confessions is extremely widespread in police
stations and gendarmerie posts as well as in military detention centres (arts. 2 and 15).
The State party should ensure that the Legislative Reform Commission lays down in
legislation, without delay, a provision stipulating that confessions extracted under
duress or through the use of torture shall be inadmissible as evidence in court.
Accordingly, the State party should ensure that prosecutors, investigating judges and
trial judges are made aware of the inadmissibility of statements obtained through the
use of torture and of the obligation to open investigations when allegations of torture
are brought to their attention. The State party should also ensure that detainees have
prompt access to qualified medical personnel who are also trained in detecting
physical and psychological evidence of torture and inhuman treatment, in accordance
with the Manual on the Effective Investigation and Documentation of Torture and
Other Cruel, Inhuman or Degrading Treatment or Punishment (the Istanbul
Protocol).
GE.14-12596
103
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