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officers benefitting financially from informal arrangements or extrajudicial settlements. The
Committee is also concerned that the Anti-Corruption Unit established under the new AntiCorruption Law has not yet taken any steps against alleged perpetrators of corruption and is
not yet fully operational. (arts. 2, 10 and 12)
The State party should take immediate and urgent measures to eradicate
corruption throughout the country which is one of the most serious
impediments to the rule of law and the implementation of the Convention. Such
measures should include effective implementation of the anti-corruption
legislation and the expeditious operationalization of the Anti-Corruption Unit,
which should consist of independent members. The State party should also
increase its capacity to investigate and prosecute cases of corruption. The State
party should establish a programme of witness and whistle-blower protection to
assist in ensuring confidentiality and to protect those who lodge allegations of
corruption, and ensure that sufficient funding be allocated for its effective
functioning. Furthermore, the State party should undertake training and
capacity-building programmes for the police and other law enforcement
officers, prosecutors and judges, on the strict application of anti-corruption
legislation as well as on relevant professional codes of ethics, and adopt
effective mechanisms to ensure transparency in the conduct of public officials,
in law and in practice. The Committee requests the State party to report back
on progress achieved, and the difficulties encountered, in combating
corruption. The Committee also requests the State party to provide
information on the number of officials, including senior officials that have been
prosecuted and punished on account of corruption charges.
Independence of the judiciary
13.
The Committee reiterates its grave concern at the lack of independence and
effectiveness of the judiciary, including the criminal justice system, which hinders the full
enjoyment of human rights, such as the prohibition of torture and other cruel, inhuman and
degrading treatment or punishment. The Committee is also concerned that fundamental
laws of reform of the judiciary have not yet been enacted. The Committee further expresses
its concern at the lack of independence of the Bar Association, the limits on its size and the
qualifications for these limits. The Committee regrets the failure of the State party to
respond to its questions about provisions of the Anti-Corruption Law that address the
independence of the judiciary and to provide examples of cases where those who engaged
in exerting and complying with undue pressure on the judiciary were investigated,
prosecuted and convicted. (art. 2)
The State party should intensify its efforts to establish and ensure a fully
independent and professional judiciary in conformity with international
standards and ensure that it is free from political interference. Such efforts
should include the immediate enactment of all relevant laws of reform, notably
the Organic Law on the Organization and Functioning of the Courts; the Law
on the Amendment of the Supreme Council of Magistracy; and the Law on the
Status of Judges and Prosecutors. The State party should also ensure that those
who engage in exerting and complying with undue pressure on the judiciary are
investigated, prosecuted and convicted, and provide examples of such cases. In
addition, the State party should take the necessary steps to ensure that the Bar
Association is independent, transparent and allows for admission of a sufficient
number of lawyers. The Committee further requests that the State party
provide information on provisions of the Anti-Corruption Law that address the
independence of the judiciary.
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