CAT/C/RWA/CO/1
Non-governmental organizations, human rights defenders and journalists
17.
While noting the information provided by the State party’s delegation on its
relationship with the civil society, the Committee is concerned about reports of intimidation
and threats which impede the effective participation of non-governmental organizations in
human rights activities. The Committee is especially concerned about information
regarding the arrest and detention of human rights defenders and journalists, and regrets the
lack of information on investigations into such allegations. The Committee notes the
information provided that international non-governmental organizations are currently
authorized to register for 5 years, instead of one, and that local organizations are exempted
from registration. Nevertheless, the Committee is concerned about reports of obstacles
regarding the registration and work of non-governmental organizations (arts. 2, 12, 13 and
16).
The State party should remove the obstacles affecting the work of non-governmental
organizations and provide effective protection against intimidation, threats, arrest
and detention of human rights defenders and journalists, including by prosecuting
and punishing those responsible for such acts. For this purpose, the State party should
effectively implement its decision to grant a five-year registration permit to
international non-governmental organizations, and to exempt local non-governmental
organizations from registration.
Non-refoulement
18.
The Committee expresses its concern at the fact that a foreigner “who compromises
or threatens to compromise public security,” is expelled, extradited or returned to his or her
country and may be in danger of being subjected to torture, in violation of the principle of
non-refoulement, due to the lack of an effective mechanism to adequately assess his or her
situation with regard to the risk of torture in the country of destination (art. 3).
The State party should ensure that persons are not expelled, extradited or returned to
States where there are substantial grounds for believing that they would be in danger
of being subjected to torture. The State party should take steps to guarantee that the
principle of non-refoulement is properly applied by the High Court when it decides on
such cases. The State party should further ensure that the draft law on extradition,
currently under discussion in Parliament, incorporates international obligations
under article 3 of the Convention.
Prison conditions
19.
While noting efforts made by the Government, the Committee is concerned about
the inadequate prison conditions in the State party, in particular with regard to hygiene,
access to health care and food. It is concerned about the high rate of overcrowding and that
people may be held in detention after having completed their sentences. The Committee
also expresses concern at reports that a high number of mothers are detained with their
babies in extremely difficult conditions (arts. 2, 11 and 16).
The State party should strengthen its efforts to improve prison conditions and ensure
that they are in conformity with the Standard Minimum Rules for Treatment of
Prisoners, by:
(a)
Reducing the high rate of overcrowding, in particular through the wider
use of non-custodial measures as an alternative to imprisonment, in the light of the
United Nations Standard Minimum Rules for Non-custodial Measures (the Tokyo
Rules);
(b)
Releasing detainees who have completed most of their prison sentences
and for whom reintegration into society is considered appropriate by the competent
authorities;
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