A/68/44
(d)
Provide the Committee with updated information on the situation in
Casamance regarding the implementation of the Convention, including the outcome of
the investigations into acts of torture and murder.
The case of Mr. Hissène Habré, former President of Chad
(12) The Committee notes the information provided by the delegation on the State party’s
wish to try Mr. Hissène Habré in Senegal, as well as the measures taken at regional and
national levels to ensure that the trial can take place. While noting the State party’s
collaboration with the Committee during its official mission in 2009 under article 22 of the
Convention, the Committee regrets the State party’s delay in trying Mr. Habré in
accordance with the Committee’s decision of 17 May 2006, which was furthermore
confirmed by the order of the International Court of Justice dated 20 July 2012 (Belgium v.
Senegal) (arts. 5 and 7).
The Committee takes note of the State party delegation’s statement that the trial of
Mr. Hissène Habré is due to start in December 2012, and urges the State party to
make every effort to get the trial under way by this date so as to put an end to
impunity for anyone in its territory who is responsible for acts of torture and other
international crimes, in accordance with its obligations under the Convention.
Extraction of confessions
(13) The Committee takes note of the State party’s assertion that judges, who have
supreme authority to weigh the evidence, cannot attach any value in a trial to confessions
obtained under torture or duress. However, the Committee regrets that the Senegalese Code
of Criminal Procedure contains no explicit provision to this effect and that the State party
has provided no information on cases in which the courts have actually ruled as
inadmissible confessions obtained under torture (arts. 2 and 15).
The State party should ensure that, whenever a person claims to have confessed under
torture, such confessions are not invoked as evidence in the judicial proceedings and a
thorough investigation is conducted into the claim. The Committee encourages the
State party to amend its law so as to explicitly prohibit the use as evidence of any
statement made under duress or as a result of torture.
Violence against women
(14) While noting the measures taken by the State party to combat all forms of violence
against women, the Committee remains deeply concerned about the persistence in the State
party of domestic violence, female genital mutilation, sexual abuse, rape and forced
marriages. The Committee regrets that the State party has not provided information on the
remedies and compensation, including rehabilitation, made available to women victims of
violence (arts. 2, 12, 13 and 16).
The State party should:
(a)
Continue to publicize Act No. 99-05 of 29 January 1999 on the
penalization of the crimes of rape, excision, assault and battery, and incest, and to
provide more information on the project to set up a national observatory on violence
against women;
(b)
Step up efforts to prevent, combat and punish all forms of violence
against women and children, by applying domestic laws and international
conventions, and to run awareness and information campaigns for the general public
and law-enforcement officers. The State party should investigate all allegations of
such violence, prosecute and punish the perpetrators and offer victims effective
protection and immediate redress;
GE.13-46043
71
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