CAT/C/RWA/CO/1
(c)
Avoiding long periods of pretrial detention and ensuring that pretrial
detainees receive a fair and speedy trial;
(d)
Ensuring that minors are separated from adults, and that pretrial
detainees are separated from convicted detainees;
(e)
Ensuring that mothers detained with their babies are placed in more
appropriate settings.
Juvenile justice
20.
The Committee is concerned that minors under 12 years of age who are in conflict
with the law can be detained for a maximum period of eight months, and that such minors
are not always detained separately from adults. The Committee is also concerned about
reports that some minors are arrested and detained for vagrancy without any legal
safeguards (arts. 2, 10 and 16).
The State party should take steps, as a matter of urgency, to avoid detaining minors in
conflict with the law and, as an alternative to imprisonment, provide them with
special care. The State party should also ensure that all minors are only deprived of
their liberty as a last resort and for a short period of time. The State party should
further ensure that minors deprived of their liberty enjoy full legal safeguards, and if
convicted, that they are detained separately from adults.
Training
21.
While noting information provided by the State party on human rights training
conducted for law enforcement personnel, medical doctors and nurses, National Prison
Service staff, Judicial Police officers, including on the principles set forth in the
Convention, the Committee is concerned at the lack of information on the impact of such
training in combating torture and ill-treatment and on its evaluation. It is also concerned at
the lack of information on the training provided to medical doctors with regard to
identifying acts of torture includes familiarization with the Manual on the Effective
Investigation and Documentation of Torture and Other Cruel, Inhuman or Degrading
Treatment or Punishment (the Istanbul Protocol) (art. 10).
The State party should reinforce training programmes addressed to law enforcement
officials, civil, military and medical personnel, public officials and other persons who
may be involved in the custody, interrogation or treatment of individuals subjected to
arrest, detention or imprisonment. It should assess the effectiveness of the training
provided and ensure that the Manual on the Effective Investigation and Documentation
of Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment (the
Istanbul Protocol) is included in the training programmes.
Redress, compensation, rehabilitation
22.
The Committee expresses concern about information provided in the State party’s
report that further to legislation, “the right of victims to obtain compensation is subject to
authentic act or recognition from the perpetrator of the offence giving rise to
compensation”.. The Committee is of the opinion that this requirement may prevent victims
of torture or ill-treatment from obtaining redress, including compensation, in compliance
with the Convention. The Committee also expresses concern at the lack of cases in which
the State party has been liable for compensation in relation to damages caused by its agents
in connection with torture and ill-treatment, despite the provisions in the Civil Code (Book
III, arts. 258-262) relating to civil liability with respect to offences and quasi-offences (art.
14).
The State party should review its legislation and remove the condition based on
“recognition of offence by the perpetrator” so as to ensure that victims of torture may
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