CAT/C/TGO/CO/2
of the Agency’s premises are no longer possible. While noting that the National Human
Rights Commission was to be designated as the national mechanism for the prevention of
torture, the Committee is concerned that the mechanism is not yet operational. It is also
concerned that the President of the Commission, Mr. Kounté, had to leave the country after
publication of the report, following threats made against him in an attempt to make him
alter some of the outcomes of the Commission’s investigation (art. 2).
The State party should:
(a)
Provide the National Human Rights Commission with sufficient
financial, human and material resources to fully carry out its functions in an
independent, impartial and effective manner;
(b)
Undertake a revision of the organic law on the remit, composition and
functioning of the National Human Rights Commission to enable it to serve as the
national preventive mechanism in accordance with the requirements of the Optional
Protocol to the Convention, including by conducting investigations and preventing
acts of torture, as well as by undertaking unannounced visits to all places of detention,
including the National Intelligence Agency, and to unofficial facilities and those
described as “difficult to access”, as well as to psychiatric institutions and all places
where people are deprived of their liberty;
(c)
Take all necessary measures to ensure the physical and psychological
integrity of the members of the national mechanism;
(d)
Investigate the reasons that led Mr. Kounté to leave the country and take
all the protection measures and provide all the guarantees that would allow the safe
return to the country of Mr. Kounté and his family should he decide to come back.
Violence against women
15.
The Committee is concerned by the absence of specific legislation to punish all
forms of violence against women, including domestic and sexual violence. It is also
concerned by the incidence of violence against women, including marital rape, as well as
female genital mutilation and sexual abuse of women in prison. The Committee is
concerned by the insufficient progress made in reducing trafficking in persons, especially
women and girls, in particular for the purpose of sexual exploitation (arts. 2 and 16).
The State party should:
(a)
Draft and adopt, as a matter of priority, comprehensive legislation on
violence against women, making acts of sexual violence, including marital rape, and
domestic violence offences in their own right in the new Criminal Code;
(b)
Strengthen efforts to prevent violence against women, including
domestic violence, female genital mutilation, violence in prison and trafficking in
women and girls, particularly for the purpose of sexual exploitation, and encourage
victims to press charges;
(c)
Duly investigate, prosecute and, where applicable, punish perpetrators;
(d)
Train judges, prosecutors and police officers on the strict application of
the law prohibiting female genital mutilation and provide statistics on the number of
complaints, investigations, prosecutions and convictions linked to violence against
women and female genital mutilation;
(e)
Conduct nationwide public awareness campaigns to publicize the
prohibition of female genital mutilation.
GE.12-48668
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