A/68/44
The Committee draws the State party’s attention to its recently adopted general
comment on the implementation of article 14 (CAT/C/GC/3), which clarifies the
content and scope of States parties’ obligations with respect to the provision of full
redress to victims of torture.
Confessions made under duress
(24) The Committee is concerned by the fact that while, according to the information
provided by the State party in its report, the freedom to provide evidence does not
encompass illegal means, there is no clearly stated provision in its criminal legislation that
explicitly prohibits the courts from admitting evidence or confessions obtained under
torture (art. 15).
The State party should amend its legislation in order to make it clear that confessions,
statements and other evidence obtained through torture or ill-treatment may not be
invoked as evidence in legal proceedings, except against a person accused of torture as
evidence that the statement was made. The State party should investigate all
allegations that confessions have been obtained under torture and ensure that the
guilty parties are prosecuted and punished. It should review cases that were based on
confessions made under torture or ill-treatment, take appropriate remedial action and
inform the Committee of its findings.
Corporal punishment inflicted upon children
(25) While taking note of the information provided by the State party’s delegation which
indicates that children are safeguarded by the Minors Protection Code, by the law on
domestic, school-related and institutional violence and by the awareness campaigns
conducted in Libreville, Owendo, Makokou and Oyem on the worst forms of corporal
punishment inflicted upon schoolchildren, the Committee is concerned by reports indicating
that corporal punishment continues to be practised in homes and schools (art. 16).
The State party should takes steps to ensure the effective enforcement of its legislation
in order to make certain that corporal punishment is not practised under any
circumstances. It should also step up its campaigns aimed at raising public awareness
about the harmful effects of corporal punishment and about the fact that it is
prohibited.
Data collection
(26) The Committee regrets that it does not have full, reliable information on complaints,
inquiries, trials and convictions relating to acts of torture or ill-treatment committed by law
enforcement personnel or prison staff. It also regrets the fact that it does not have full,
reliable information on human trafficking, juvenile justice, corporal punishment, female
genital mutilation, or victim compensation and rehabilitation.
The State party should compile statistics that can be used to assess the application of
the Convention at the national level. These statistics should include figures on the
complaints filed, investigations conducted, legal proceedings pursued and convictions
handed down in cases involving torture or ill-treatment committed by members of the
police force or prison staff. Statistics should also be provided on cases of human
trafficking, juvenile justice, corporal punishment, female genital mutilation, the
redress provided to victims in the form of compensation and the means of
rehabilitation made available to them.
(27) The Committee recommends that the State party make the declarations provided for
in articles 21 and 22 of the Convention in order to recognize the competence of the
Committee to receive and consider communications.
GE.13-46043
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