A/69/44
Committee is also concerned by the fact that the Supreme Council of Justice is chaired by
the President of the Republic, which makes it appear to be dependent on the executive
branch. Finally, the Committee notes with regret the inadequacy of the budget allocated to
the judiciary (0.5 per cent of the national budget) to carry out its mandate; this leads to
shortfalls in staff, infrastructure and the payment of judges’ salaries (arts. 2 and 12).
The State party should:
(a)
Take effective measures to guarantee the independence of the judiciary,
in accordance with the relevant international standards, including the Basic Principles
on the Independence of the Judiciary (adopted by the General Assembly in 1985), in
particular the principle of guaranteed tenure;
(b)
Take appropriate measures to guarantee and protect the independence
of the judiciary and ensure that its operations are free from any pressure or
interference from the executive;
(c)
Develop training programmes for members of the judiciary on the
importance of the independence of the judiciary.
State of emergency
(22) The Committee is concerned by the frequent imposition of states of emergency and
by restrictions on human rights that regularly give rise to violations of the Convention. It is
further concerned by the promulgation of a state of emergency on 19 November 2010,
during which a special unit of the Red Berets deployed throughout the country made
systematic use of force against any person violating the curfew (art. 2).
The State party should limit the imposition of states of emergency to situations in
which it is strictly necessary and, in such cases, ensure respect for the absolute
prohibition of torture.
Juvenile justice
(23) While noting the adoption by the State party of the Children’s Code (under Act No.
L/2008/011/AN of 19 August 2008) and in particular its articles 310, 328 and 329, which
provide for juvenile courts, mediation measures and non-custodial penalties, respectively,
the Committee regrets that, as the delegation confirmed during the dialogue, the legislation
is not applied in practice. The Committee regrets in particular that juveniles are frequently
convicted for minor offences, that mediation measures and non-custodial penalties are very
rarely used in practice, that minors are not kept separate from adults in places of
deprivation of liberty and that they are regularly subjected to acts of torture or inhuman and
degrading treatment (arts. 2, 10 and 16).
The State party should:
(a)
Ensure that mediation measures are used more frequently and that
juveniles are detained only as a last resort and for the shortest period possible;
(b)
Ensure that minors who are deprived of their liberty are afforded full
legal safeguards from the outset and that juveniles are kept completely separate from
adults, in accordance with the United Nations Standard Minimum Rules for the
Administration of Juvenile Justice (the Beijing Rules), adopted by the United Nations
General Assembly in its resolution 40/33 of 29 November 1985, and the United Nations
Guidelines for the Prevention of Juvenile Delinquency (the Riyadh Guidelines),
adopted by the General Assembly in its resolution 45/112 of 14 December 1990.
GE.14-12596
109
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