A/68/44
The State party should:
(a)
Take concrete steps to establish an effective and independent criminal
investigation mechanism with no connection to the body prosecuting the case against
the alleged victim;
(b)
Expedite prompt, impartial and thorough investigation into all
allegations of torture and ill-treatment and bring the alleged perpetrator to justice;
(c)
Revoke provisions in the CPC allowing termination of criminal
proceedings and exemption of the defendant from criminal liability whenever the case
concerns allegations of torture and ill-treatment.
Torture and ill-treatment in the armed forces
(12) While noting the establishment of hotlines and mobile monitoring units to address
the problem of hazing and ill-treatment of conscripts by officers and fellow soldiers in the
military, the Committee is concerned that such practices continue to be prevalent in the
State party (arts. 2 and 16).
The State party should reinforce measures to prohibit and eliminate hazing and illtreatment in the armed forces and ensure prompt, impartial and thorough
investigation of all allegations of such acts. Where evidence of hazing is found, it
should establish the liability of direct perpetrators and those in the chain of command,
prosecute and punish those responsible with penalties that are consistent with the
gravity of the act committed, make the results of such investigations public, and
provide compensation and full rehabilitation to victims, including through
appropriate medical and psychological assistance.
Evidence obtained under torture and lack of ex-officio investigations
(13) While welcoming the inclusion of article 88(3) to the Criminal Procedural Code in
March 2008, which provides that evidence obtained through “physical force, pressure,
cruelty, inhumanity and by other illegal methods” may not be used as evidence in a
criminal case, as well as the June 2012 decree of the Supreme Court clarifying the concept
of inadmissibility of evidence obtained under illegal methods, the Committee expresses
concern at the lack of effective enforcement mechanisms and implementation in practice. It
is also concerned at reports that judges frequently dismiss allegations of torture when raised
by defendants, and that unless a formal complaint is submitted, the prosecutor will not
launch an investigation (art. 15).
The Committee urges the State party to guarantee, in practice, that statements
obtained by torture are not invoked as evidence in any proceedings. The State party
should ensure that in any case in which a person alleges that a confession was
obtained through torture, the proceedings are suspended until the claim has been
thoroughly investigated. The Committee urges the State party to review cases of
convictions based solely on confessions.
Conditions of detention
(14) While welcoming current efforts by the State party to improve conditions of
detention in prisons and pretrial detention facilities, the Committee is concerned at:
(a)
Reports of lack of hot water supply; inadequate sanitary conditions; poor
ventilation; lack of means to dry clothes, which leads to respiratory infections and sickness;
lack of personal hygiene products; and inadequate food and health care;
(b)
Unnecessarily strict regimes for inmates serving life imprisonment, who are
reportedly confined in virtual isolation in their cells for up to 23 hours a day in small,
GE.13-46043
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