A/69/44
also concerned by the fact that a person can be held in police custody for up to 15 days
without being presented to a court if he or she is suspected or accused of involvement in
organized crime (arts. 2, 11, 12 and 16).
The State party should:
(a)
Take all necessary measures to ensure, in law and in practice, that all
persons who are deprived of their liberty are afforded fundamental legal safeguards
from the outset of police custody, in the light of the Committee’s general comment No.
2 (2008) on the implementation by States parties of article 2, namely:
(i)
The right to be informed of the reasons for the arrest in a language that
they understand;
(ii)
Access to a lawyer from the outset of deprivation of liberty and, if
necessary, to legal assistance;
(iii) The opportunity to have a medical examination by an independent
physician of their choice;
(iv)
The right to contact a family member or close acquaintance; and
(v)
The right to be presented before a judge within 48 hours;
(b)
Expedite the revision of its Code of Criminal Procedure in order to bring
it into line with international human rights standards. The State party should provide
additional financial and human resources to the judiciary, including resources for the
Legal Assistance Fund; and
(c)
Revise Act No. 017-2009/AN of 5 May 2009 on organized crime with a
view to significantly reducing the length of time that suspects are held in police
custody and thus prevent any infringement of the fundamental legal safeguards that
are accorded to all persons who are deprived of their liberty.
Investigations and prosecutions
(12) The Committee is concerned by the fact that no investigations have been conducted
by the State party into many alleged acts of torture and ill-treatment which, in some cases,
have reportedly resulted in the deaths of persons in detention. The Committee is also
concerned that no prosecutions have been brought in the cases of the death in detention or
fatal shootings of Moumouni Zongo, Romuald Tuina, Ouedraogo Ignace, Ouedraogo
Lamine, Halidou Diande, Arnaud Some and Mamadou Bakayoko. The Committee is also
concerned by reports of hazing and other forms of ill-treatment being carried out during
military training (arts. 12, 13 and 16).
The State party should:
(a)
Take appropriate measures to ensure that thorough, independent and
impartial investigations are conducted into all reports of alleged torture and illtreatment by an independent and impartial body, that the perpetrators are prosecuted
and, if convicted, are given sentences that are in proportion with the gravity of the
offence, and that the victims or their families receive appropriate compensation and
redress;
(b)
Investigate the individual cases mentioned by the Committee and inform
the Committee of the outcome of investigations undertaken and of criminal or
disciplinary proceedings; and
(c)
Take steps to prevent hazing of any kind in the army and ensure that all
complaints about hazing or deaths of recruits in non-combat situations are
28
GE.14-12596
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