A/68/44
The State party should:
(a)
Ensure that law enforcement officials receive training on the absolute
prohibition of torture, and on in international standards on the use of force and
firearms, including on the liabilities in cases of excessive use of force;
(b)
Expedite the investigation and prosecution of such cases and sanction
officials found guilty of such offences with appropriate penalties.
States of emergency
(13) The Committee is concerned at the frequent imposition of states of emergency,
during which restrictions on human rights may give rise to violations of the Convention and
that state of emergency has been imposed in relation to peaceful social protests. The
Committee is further concerned at the promulgation on 1 September 2010 of Legislative
Decree No. 1095 allowing military courts to decide on cases of excessive use of force and
human rights violations during state of emergency (art. 2).
The State party should limit the imposition of state of emergency to situations in
which it is strictly necessary, and at all times respect the provisions of the Convention
stating that no exceptional circumstances may be invoked as a justification of torture.
The State party should consider amending Legislative Decree No. 1095 with a view to
bringing all its provisions in line with the State party obligation under the Convention.
Violence against women
(14) The Committee is concerned at reports on widespread violence against women and
girls, including domestic and sexual violence and femicide, and at the low numbers of
investigations and prosecutions in such cases, as well as the lack of statistics on sexual
violence. While taking note of the adoption of the Second National Action Plan to Combat
Violence Against Women 2009–2015, the Committee is concerned that domestic violence
and forms of sexual violence and harassment, other than the crime of rape, are not defined
as offences in the Criminal Code and at the obstacles victims of violence face when
accessing justice, combined with the insufficient number of shelters available to them (arts.
2, 12, 13 and 16).
The State party should intensify its efforts and urgently ensure the implementation of
effective protective measures to prevent and combat all forms of violence against
women and girls and amend its legislation to include domestic violence and forms of
sexual violence as offences under the Criminal Code, as is the case with rape, and
develop a better overview on the prevalence of the offence. The State should further
strengthen all efforts to prevent violence against women, enhance the access of victims
to justice, ensure that all acts of violence are promptly, effectively and impartially
investigated and prosecuted, perpetrators brought to justice and victims provided
with redress. The State party should set up not only an effective complaints
mechanism for women and girls but also a monitoring mechanism to prevent all forms
of violence against them. The Ministry of Health should provide specialized training
to health personnel dealing with victims of violence and a single, consolidated system
for keeping records on cases of violence against women should be established. Broad
awareness-raising campaigns should be initiated and training on combating and
preventing violence against women and girls for law enforcement officers, judges,
lawyers, and social workers should be provided.
Reproductive rights and health
(15) The Committee is seriously concerned that illegal abortions are one of the main
causes of high maternal mortality in the State party and that the interpretation of therapeutic
and legal abortion in cases of medical necessity is too restrictive and lacks clarity, leading
GE.13-46043
43
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