CAT/OP/GAB/1
25. The Subcommittee recalls that torture and ill-treatment cannot be justified under
any circumstances and must be completely prohibited. To that end, the Subcommittee
recommends that the Gabonese authorities revise the Criminal Code to include a
provision defining all the elements of torture and criminalizing all aspects of it, in line
with article 1 of the Convention.
26. The Subcommittee recommends that no pressure be exerted to make persons
deprived of their liberty confess to an offence. It also recommends that police
officers be better trained in methods of investigation, and that police forensic
units be given the resources to conduct forensic examinations and analyses,
including in laboratories, with a view to recording criminal offences and
identifying the perpetrators.
27. The State party should ensure that confessions are not obtained illegally,
particularly by means of torture or any other form of inhuman or degrading
treatment. The Subcommittee further recommends that detainees be allowed to
know and understand the content of any statement or report before signing it, for
example by being provided with a copy to read or by having it read to them. The
Subcommittee also recommends that the authorities amend the Code of Criminal
Procedure to state explicitly that confessions obtained illegally, particularly under
torture, cannot have evidential value in court. Lastly, the Subcommittee
recommends that all necessary measures be taken to ensure that any statement
found to have been obtained under torture cannot be invoked as evidence in any
proceedings, except against a person accused of torture.
B.
Institutional framework and impunity
28. The Subcommittee notes that Gabon has a Ministry of Justice that must ensure
the effective functioning of judicial institutions and the prison admin istration. The
Subcommittee also notes that the Ministry of Justice has a department tasked with the
promotion and protection of human rights. The criminal justice system is essentially
composed of correctional courts, the correctional chamber of the Court of Appeal,
special criminal courts and the Criminal Court.
29. The Subcommittee notes that a National Human Rights Commission was
established by Act No. 19/2005 of 3 January 2006. Its responsibility is to examine
human rights violations on its own initiative and to receive individual complaints. The
Subcommittee observes, however, that the Commission was set up only in February
2012, by the decree appointing its members. The Subcommittee notes that the
Commission carried out a number of visits to places of deprivation of liberty. In that
connection, the Subcommittee regrets the delay in establishing the Commission, which
was not yet fully operational at the time of the visit, particularly because of the lack of
appropriate premises and the shortage of financial and human resources at its disposal.
30. The Subcommittee was informed that Gabon had adopted the Judicial Protection
of Minors Act No. 39/2010 of 25 November 2010, which contains provisions and
establishes autonomous bodies contributing to the admini stration of juvenile criminal
justice, in addition to protection measures to encourage rehabilitation and social
reintegration. The Subcommittee was also informed that there are not enough
specialized juvenile judges for the whole country, and that minors in conflict with the
law are sent back to their families or to NGO reception centres. Consequently, the
Subcommittee is concerned by the lack of State structures for minors in conflict with
the law (see also paras. 85–86).
31. The Subcommittee observes that there are judicial review mechanisms that help
to combat impunity, particularly through the referral of cases to courts. It notes,
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