CAT/C/MRT/CO/1
(vii) The time and date of their release or of their transfer to another place of
detention and, where applicable, the place to which they were transferred and
the official or body overseeing the transfer;
(b)
Promptly incorporate a
disappearance in national legislation;
definition
of
the
crime
of
enforced
(c)
Take effective steps to ensure that thorough, independent and impartial
criminal investigations are conducted, without delay, into all allegations of torture or
ill-treatment and that the perpetrators of such acts are brought before the courts,
which should impose appropriate penalties on them.
Order from a superior
12.
While taking note of the State party’s statement to the effect that, in accordance with
the decree which sets forth the National Police Code of Ethics, a person who obeys the
order of a superior to commit an act of torture is liable to administrative penalties, without
prejudice to the penalties prescribed by law, as well as the oral reports that article 14 of Act
No. 2010-07 regulating the National Police subordinates the obligation to obey an order
from a superior to the laws and regulations that are in force, the Committee remains
concerned by the fact that these provisions apply only to the police. Moreover, these
provisions do not establish a formal system for protecting subordinates from reprisals if
they refuse to obey a superior who orders them to commit an act of torture (art. 2).
The State party should ensure, both by law and in practice, and in accordance with
article 2, paragraph 3, of the Convention, that the execution of such an order cannot
be invoked as a justification for torture. The State party should also introduce a
system for protecting subordinates from reprisals if they refuse to obey an order from
a superior that would be in violation of the Convention.
National Human Rights Commission
13.
The Committee notes with satisfaction that the National Human Rights Commission
was established in 2006 and that it has been classified as having A status under the Paris
Principles since 2011. The Committee is satisfied that the Commission has sufficient
opportunity to carry out unannounced visits to all places of detention within the State party
and to make recommendations to the relevant authorities (art. 2).
The State party should provide the Commission with the financial and human
resources it needs in order to fulfil its mandate, to publicize its recommendations and
to reinforce its independence in full conformity with the Paris Principles (General
Assembly resolution 48/134).
National mechanism for the prevention of torture
14.
The Committee notes that, having ratified the Optional Protocol to the Convention
against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment, the State
party is obliged to establish a national preventive mechanism (art. 2).
The State party should take the appropriate steps, in consultation with all
stakeholders, to establish a national preventive mechanism in accordance with article
3 of the Optional Protocol to the Convention by October 2013 and to provide it with
the financial and human resources that it needs in order to carry out its work
effectively on an entirely independent basis in accordance with articles 3 and 17 of the
Optional Protocol and the Guidelines on National Preventive Mechanisms
(CAT/OP/12/5).
GE.13-44591
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