A/68/44
C.
Principal subjects of concern and recommendations
Definition and criminalization of torture
(7)
The Committee notes with concern that, 6 years after establishing a national
commission to update its legislation and 25 years after ratifying the Convention, the State
party has yet to adopt criminal legislation explicitly defining and criminalizing torture (arts.
1 and 4).
The Committee recommends that the State party take the necessary measures to
incorporate in the Criminal Code all the elements of the definition of torture
contained in article 1 of the Convention, as well as provisions criminalizing and
penalizing acts of torture with penalties commensurate with their gravity.
Legislative reforms
(8)
While noting the adoption of the draft Criminal Code by the Council of Ministers in
November 2012, the Committee remains concerned, as it noted in its previous concluding
observations in 2006, that legislative reforms, in particular the adoption of the new
Criminal Code and the new Code of Criminal Procedure, have not yet been completed (arts.
1, 2 and 4).
The State party should expedite the process of legislative reform and take the
necessary measures to promulgate and adopt the new Criminal Code and the new
Code of Criminal Procedure as soon as possible in order to remedy the present legal
vacuum surrounding torture.
Allegations of torture and ill-treatment
(9)
The Committee is concerned by the allegations of torture and ill-treatment in
detention, in particular of persons held in custody who are detained on the premises of
investigative units or in police stations, gendarmeries, offices of the National Intelligence
Agency, barracks of the presidential guard or other places of detention, including unofficial
places of detention. It is particularly concerned by the conclusion in the report of the
National Human Rights Commission that “inhuman and degrading acts of physical and
mental violence have been committed against detainees” and allegedly against persons
linked to the attempted coup in 2009 who were held on the premises of the National
Intelligence Agency and in other places of detention. The Committee is also concerned that
the new Code of Criminal Procedure, which provides for the inadmissibility of confessions
obtained under torture, is still not in force (arts. 2, 11, 15 and 16).
The State party should:
(a)
Give clear instructions to members of the security forces (police and
gendarmerie) regarding the absolute prohibition and criminalization of torture and
the fact that such acts will not be tolerated and that perpetrators will be prosecuted;
(b)
Take effective measures without delay to ensure that in-depth, prompt,
independent and impartial investigations are conducted into all allegations of torture
and ill-treatment and that the perpetrators of such acts are brought before the courts,
which should punish them with appropriate penalties under the relevant criminal
legislation, and that the outcomes are publicized;
(c)
Expedite the adoption by Parliament of the new Criminal Code and the
new Code of Criminal Procedure and ensure that confessions obtained under torture
and the subsequent proceedings are declared null and void, and raise awareness
among judges of the inadmissibility of statements obtained under torture and of the
obligation to initiate investigations when allegations of torture are brought to their
attention.
86
GE.13-46043
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