A/69/44
The State party should:
(a)
Close, as a matter of urgency, the secret detention facilities and ensure
that the persons detained there enjoy all legal guarantees, particularly as regards the
right to be brought before a judge within a maximum of 48 hours after being arrested
or detained, the right to consult a lawyer of their choice and the right to be examined
by a doctor, preferably of their choice;
(b)
Investigate and ensure that no person is detained in secret or unofficial
detention facilities, prevent any type of unlawful detention on its territory and
investigate any allegations relating to such incidents;
(c)
Ensure that detention takes place in an official detention facility and that
the identity of the detainee and the place of detention are recorded in a central
register that may be consulted by the persons concerned.
Violence against women
(16) The Committee is extremely concerned at reports of widespread violence affecting
more than 90 per cent of women and girls. It deplores that prompt and effective
investigations are conducted only rarely because of, inter alia, the difficulties that victims of
sexual violence or domestic violence have in gaining access to justice and the lack of
shelters where they can take refuge. The Committee is extremely concerned that articles
321 and 322 of the Criminal Code classify rape and sexual abuse, which are extremely
widespread, as “immoral acts” and “indecent assault”, respectively, and not as crimes
against the person, particularly given the impunity that prevails in this area, whether they
are committed by law enforcement officers or by private individuals (arts. 2, 12, 13 and 16).
The State party should:
(a)
Step up its efforts and urgently enforce effective mechanisms to prevent
and punish all forms of violence against women and girls, including by ensuring that
all acts of violence are promptly, effectively and impartially investigated and
prosecuted, that perpetrators, including law enforcement officers, are brought to
justice and that victims are provided with redress. The State party should establish
not only an effective complaints mechanism for women and girls but also a monitoring
mechanism to fulfil its positive duty to prevent all forms of violence against them;
(b)
Ensure that the Legislative Reform Commission categorizes rape and
sexual abuse, in the legislative texts under revision, as crimes against the person and
not as “immoral acts and indecent assault”, and includes in the Criminal Code the
various forms of sexual violence, including marital rape and domestic violence;
(c)
Launch prevention programmes for combating the stigmatization of
women victims of violence, create empowerment programmes for women, set up
shelters for victims, and conduct awareness-raising campaigns, since rape is still a
major taboo in the country and a cause of exclusion from both the family and society.
Female genital mutilation
(17) Despite the adoption of Act No. L010/AN/2000 of 10 July 2000 and articles 405 et
seq. of the Children’s Code, the Committee notes with great concern the statement of the
Guinean delegation that there has been no prosecution or conviction under that law to date.
The Committee therefore doubly deplores the fact that, in January 2013, 96 per cent of girls
and women were still subject to female genital mutilation, as indicated by the Guinean
delegation during the consideration of the State party’s second periodic report to the
Committee on the Rights of the Child at its sixty-second session, in 2013 (arts. 2, 12, 13, 14
and 16).
106
GE.14-12596
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