A/68/44
women to seek unsafe illegal abortions. The Committee is particularly concerned at the
criminalization of abortions in cases of rape and incest as well as the prohibition by the
Constitutional Court of the distribution of oral emergency contraception to victims of rape.
It is further concerned at the fact that the existing law obliges physicians to bring
information on women resorting to post-abortion health services to the attention of the
authorities and which may lead to investigation and criminal prosecution, which creates
such fear of punishment that, in practice, this constitutes a denial of legal abortion services.
The Committee is also concerned at the forced sterilization of women, namely the 2.000
women who were subjected to forced sterilizations under the National Reproductive Health
and Family Planning Program between 1996 and 2000, and who have not yet received
redress (arts. 2, 10, 12, 13, 14, 15 and 16).
The State party should review its legislation with a view to:
(a)
Amending the general prohibition for cases of therapeutic abortion and
pregnancy resulting from rape and incest and provide free health coverage in cases of
rape;
(b)
Legalizing the distribution of oral emergency contraception to victims of
rape;
(c)
Ensuring that health professionals are aware of and informed about the
protocols regarding legal abortions by the Ministry of Health and guarantee
immediate and unconditional treatment for persons seeking emergency medical care;
(d)
Eliminating the practice of extracting confessions for prosecution
purposes from women seeking emergency medical care as a result of illegal abortion
and penalizing medical personnel for the exercise of their professional responsibilities;
(e)
Enhancing its provision of family planning information and services and
conducting a broad public campaign to raise awareness about cases when therapeutic
abortions are legal and the administrative framework to access them.
The State party should accelerate all current investigations related to forced
sterilization, initiate prompt, impartial and effective investigations of all similar cases
and provide adequate redress to all victims of forced sterilization.
Impunity for acts of torture and ill-treatment during the internal armed conflict
(16) The Committee is gravely concerned at the slow progress of establishing
accountability for the estimated 70,000 deaths or enforced disappearances during the
internal armed conflict from 1980 to 2000, and at the very small number of convictions and
high rate of acquittals in cases prosecuted. It is further concerned at the slow pace of
exhumations, identification of and return of bodies to their relatives and the scarcity of
qualified personnel. It is also concerned at the requirement by the National Criminal Court
that evidence be direct and documentary, and its unwillingness to credit the testimony of
victims or their relatives. The Committee is seriously concerned at the absence of full
cooperation of the Ministry of Defence to furnish information relevant for the
investigations, including lists of army officers present in patrols and army bases in different
regions affected by the conflict, and to inform on the aliases and code names frequently
used by military officials. While taking note of the introduction of the Victim and Witness
Assistance Programme and acknowledging the challenges and difficulties, the Committee is
concerned that lack of effective implementation prevents courts from obtaining testimonies
and that there are no special measures to protect victims of torture. It is concerned further at
the underreporting of cases of sexual violence against women and girls during the armed
conflict, the limited number of investigations, the absence of sentences and the lack of
effective redress to victims of sexual violence during the conflict. It is also concerned that
rape is the only form of sexual violence that may give rise to individual economic
44
GE.13-46043
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