CAT/C/MRT/CO/1
Fundamental legal safeguards
10.
The Committee is particularly concerned about the fact that article 57 of the Code of
Criminal Procedure states that a person may be held in police custody for a period of 15
days in connection with terrorist crimes or crimes that threaten national security, and that
this period may be extended twice for a further 15 days each time if authorization to do so
is received from the public prosecutor, especially since persons in police custody have no
means of challenging the legality of their detention. The Committee is also particularly
concerned by the fact that article 3 of Act No. 2010-043 of 21 July 2010 on combating
terrorism defines terrorism in broad and vague terms (art. 2).
The State party should:
(a)
Immediately take effective steps to ensure that all persons who are
deprived of their liberty have the benefit of all of the following fundamental legal
safeguards from the moment that they are taken into police custody:
(i)
The right to be informed of the reasons for their arrest;
(ii)
The right to have prompt access to independent legal counsel from the
moment that they are deprived of their liberty and, if necessary, to legal aid;
(iii) The right to be examined by an independent physician and to contact a
family member; and
(iv) The right to be brought before a judge without delay and to have the
legality of their detention examined by a court in accordance with international
standards;
(b)
Release and compensate all persons who have been detained arbitrarily;
(c)
Abolish the provision under which people may be held in police custody
for a 15-day period in connection with terrorist offences or crimes that threaten
national security, and establish a maximum 48-hour period instead;
(d)
Introduce an amendment to Act No. 2010-043 on combating terrorism to
restrict its scope in a manner that will avert arbitrary arrests and forms of treatment
that are prohibited under the Convention.
Incommunicado detention and enforced disappearances
11.
The Committee is concerned by allegations of persons being held in incommunicado
detention, a practice that is conducive to torture and enforced disappearances.
The State party should:
(a)
Ensure that a register is kept of all persons deprived of their liberty and
that the register is up-to-date and made available to all competent judicial authorities.
The information in the register should include:
(i)
The identity of the person deprived of their liberty;
(ii)
The date, time and place at which the person was placed in detention and
the name of the official or body who deprived them of their liberty;
(iii)
The reasons for their detention;
(iv)
The official or body overseeing their detention;
(v)
Notes on their state of health;
(vi) If the detainee dies in custody, the circumstances and causes of death
and the place to which the body will be taken; and
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