3.
Factors and difficulties impeding the application of the Convention
159. The profound alteration in the habits of peaceful coexistence and respect for human rights brought
about by the prolonged internal armed conflict that ended in 1992 has required not only the creation or
transformation of legal and political institutions, but more fundamentally a process of cultural renewal, which
is by nature lengthy.
4.
Principal subjects of concern
160. The country's penal legislation does not adequately define the offence of torture in terms consistent with
article 1 of the Convention. The type of offence referred to in the Penal Code does not cover all the possible
objectives of the offence according to the Convention.
161. There are no rules governing torture victims' right to fair and adequate compensation, at the State's
expense, and no State policy providing for as full rehabilitation as possible of the victims.
162. The maintenance in the Code of Criminal Procedure of confessions made out of court is in
contradiction with the Constitution, which gives legal force only to confessions made before a judicial
authority.
163. There are no legal provisions opposing expulsion, return or extradition when there are substantial
grounds for believing that the person concerned would be in danger of being subjected to torture.
164. During the period covered by the report, there have been numerous acts of torture and cruel, inhuman
or degrading treatment, as well as disproportionate or unnecessary use of force by police and prison personnel,
according to reports by the Office of the Procurator for the Protection of Human Rights and other reliable
sources.
165. Cases of extrajudicial executions, whose victims show signs of torture, though very infrequent, would
appear to reveal a persistence of the criminal practices employed during the armed conflict superseded by the
Peace Agreements.
5.
166.
Recommendations
The offence of torture should be defined in terms complying with article 1 of the Convention.
167. The right of torture victims to fair and adequate compensation at the State's expense should be
regulated, with the introduction of programmes for as full as possible physical and mental rehabilitation of the
victims.
168. Recognition of out-of-court confessions should be removed from the Code of Criminal Procedure, on
the ground that it contravenes the relevant constitutional guarantee.
169. Legal provisions should be introduced opposing expulsion, return or extradition in circumstances
referred to in article 3 of the Convention.
170. Human rights education and promotion activities should be continued, with the introduction of human
rights training into formal education programmes intended for new generations.
171. The State is urged to adopt measures ensuring that any allegation of suspected torture is promptly and
impartially investigated and, if proved, suitably penalized.
172.
The declarations referred to in articles 21 and 22 of the Convention should be made.
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