A/68/44
(e)
Establishment on 7 December 2011 of a Vice-Ministry for Human Rights and
Access to Justice within the Ministry of Justice;
(f)
Establishment of the Special Commission on Refugees (CEPR);
(g)
Adoption of the Second National Action Plan to Combat Violence against
Women 2009–2015;
(h)
Adoption of the National Action Plan to Combat Trafficking in Persons
2011–2016;
(i)
C.
Adoption of the National Human Rights Plan of Action 2012–2016.
Principal subjects of concern and recommendations
Definition of torture
(7)
The Committee is concerned that the definition of torture in the Criminal Code does
not include discrimination of any kind as one of its elements (arts. 1 and 4).
The Committee recommends that the State party amend its Criminal Code to include
a definition of torture that covers all the elements contained in article 1 of the
Convention.
Allegations of torture and ill-treatment, fundamental legal safeguards
(8)
The Committee takes note of the information from the State party on numerous
allegations of torture and ill-treatment in custody by law enforcement and security officials,
but is concerned at the lack of thorough investigations and the small number of convictions
under national law. The Committee is concerned that while charges were raised in the case
of Mr. Gerson Falla, who died in custody 48 hours after being beaten in detention, no
conviction has been pronounced and no one held responsible. The Committee is also
concerned that the fundamental legal safeguards for persons detained by police are not
always respected and regrets the absence of a specific registry for cases of torture and cruel,
inhuman or degrading treatment and punishment. The Committee is further concerned at
reports about violence by law enforcement personnel in the context of apprehension. There
seems to be no regular assessments of cases of torture allegations based on The Manual on
Effective Investigation and Documentation of Torture and Other Cruel, Inhuman or
Degrading Treatment or Punishment (the Istanbul Protocol) of detained persons (arts. 2, 10,
12, 13 and 14).
The State party should take effective measures to:
(a)
Conduct prompt, impartial and effective investigations of all reports of
torture and ill-treatment, bring perpetrators to justice and punish them with
appropriate penalties;
(b)
Ensure that persons deprived of their liberty enjoy fundamental legal
safeguards from the very outset of their detention and have recourse to an
independent complaints procedure;
(c)
Ensure that law enforcement personnel are trained in professional
techniques which minimize any risk of harm to apprehended persons;
(d)
Establish a specific registry for cases of torture and cruel, inhuman or
degrading treatment and punishment;
(e)
Ensure that the Istanbul Protocol is made a mandatory part of the
training for all medical professionals involved in the documentation and investigation
of allegations of torture and ill-treatment in order to permit proper diagnosing of
signs of torture.
GE.13-46043
41
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