CAT/C/MRT/CO/1
slavery in the State party. The Committee is also concerned by the fact that the courts treat
slavery cases as matters for ordinary law, particularly as labour or property rights issues,
rather than as slavery offences. The crime of slavery is thus rendered meaningless in legal
terms. Moreover, the Act of 2007 does not cover the discrimination intrinsic to slavery. The
Committee echoes the concern of the Special Rapporteur on contemporary forms of
slavery, including its causes and its consequences, who noted that the Act could be applied
only in the course of the criminal prosecution of slave-owners and therefore relied entirely
on the police and the public prosecution service for its enforcement, there being no
provision for victims to sue to obtain redress (arts. 1, 2 and 16).
The State party should:
(a)
Include a provision in the Criminal Code that defines and specifically
criminalizes racial or ethnic discrimination, including slavery-like practices, and that
sets out penalties commensurate with the gravity of the acts in question;
(b)
Include a definition in Act No. 2007-048 of 3 September 2007 that covers
all forms of slavery, as well as provisions concerning redress and rehabilitation
measures for former slaves;
(c)
Amend Act No. 2007-048 of 3 September 2007 so that victims of slavery
or related practices may cause criminal proceedings to be initiated by suing for
damages;
(d)
Provide specific training modules in order to raise the awareness of
judges and members of the legal profession as a whole about racial discrimination and
about the fact that, in accordance with international standards, it is a prosecutable
offence;
(e)
Develop a comprehensive national strategy for combating both
traditional and modern forms of slavery and discrimination, which include the
practices of early and forced marriage, servitude, forced child labour, human
trafficking and the exploitation of domestic workers, in line with the commitment
made by the State party during the universal periodic review in November 2010.
Conditions of detention
22.
While noting the efforts made by the State party to renovate its prisons, the
Committee remains concerned by reports that conditions in all its detention centres are
below international standards, in particular because of a lack of hygiene, ventilation,
lighting, bedding, food and medical care. The Committee is also concerned by reports it has
received that in many cases prisoners are sick and that about 20 died in 2010, including 14
at the Dar Naïm Prison. Also, while taking note of the efforts made by the State party to
reduce overcrowding at the Dar Naïm prison, the Committee is concerned that some of the
inmates have been transferred to the Aleg Prison, where prisoners allegedly held protests in
January 2013 about conditions of detention there (arts. 2, 11 and 16).
The State party should:
(a)
Redouble its efforts to bring living conditions in all prisons into line with
international standards and with the Standard Minimum Rules for the Treatment of
Prisoners (United Nations Economic and Social Council, resolutions 663 C (XXIV)
and 2076 (LXII)) and increase the funding allocated for that purpose;
(b)
Ensure all prisoners have access to drinking water, at least two meals
per day, hygiene and basic necessities; make sure there is sufficient natural and
artificial light and ventilation in cells; and provide medical and psychosocial care for
prisoners with a view to preventing deaths in detention;
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