A/68/44
Redress, including rehabilitation
(22) The Committee regrets the lack of information on compensation awarded by the
courts of the State party to the victims of violations of the Convention, including
individuals denied their fundamental rights or tortured or ill-treated in custody. The
Committee also regrets the lack of information on any treatment or social rehabilitation
services for torture victims (art. 14).
The State party should provide information on additional measures to ensure that the
victims of torture or ill-treatment obtain full and fair compensation and the fullest
possible rehabilitation. It should speed up the adoption and implementation of the bill
on compensation for victims held in detention for a long time who have suffered
particularly serious harm, as well as of the rehabilitation programmes to be set up.
The Committee draws the attention of the State party to its recent general comment
on article 14 (CAT/C/GC/3) which explains the content and scope of the obligations of
States parties to provide full compensation to victims of torture.
National preventive mechanism and national human rights institutions
(23) While noting that the National Observatory of Places of Detention has been
designated as the national preventive mechanism, in accordance with the Optional Protocol
to the Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or
Punishment, the Committee remains concerned about the reported cut in the mechanism’s
funding. It is also concerned that the Senegalese Human Rights Committee is reportedly
underfunded and that its procedures for selecting and appointing members appear not to be
in line with the Principles relating to the status of national institutions for the promotion
and protection of human rights (the Paris Principles) (annex to General Assembly
resolution 48/134) (arts. 2 and 12).
The State party should:
(a)
Provide the National Observatory of Places of Detention with the
resources it needs to effectively fulfil its mandate as the Senegalese national preventive
mechanism, in accordance with the Optional Protocol to the Convention against
Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment and the
guidelines on national preventive mechanisms drawn up by the Subcommittee on
Prevention of Torture. The State party should ensure that the police, prosecutors,
military personnel, prison staff and medical personnel cooperate with the
Observatory, and that its recommendations to the authorities are followed up with
practical measures to improve the situation in prisons and prevent torture. The
Committee also recommends that the State party publish the report produced by the
Subcommittee on Prevention of Torture following its visit to Senegal in December
2012;
(b)
Take into account the comments made by the International
Coordinating Committee of National Institutions for the Promotion and Protection of
Human Rights to ensure that the Senegalese Human Rights Committee operates in
accordance with the Paris Principles.
Confidential complaints mechanism
(24) The Committee regrets that no confidential complaints mechanism has been set up
to enable detainees to lodge a complaint for torture or ill-treatment (arts. 2 and 16).
The State party should establish a confidential mechanism to receive and consider
complaints of torture or ill-treatment, and should ensure that such a mechanism is set
up in all places of detention, especially prisons. In fact, this mechanism would make
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GE.13-46043
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