CAT/C/SAU/CO/2
prosecuted and sentenced in accordance with the gravity of their acts, as required by
article 4 of the Convention. The State party should continue its efforts to obtain video
recordings of all interrogations and should make these recordings available to
investigators, detainees and their lawyers on request.
9.
The State party should ensure that a prompt, impartial and effective
investigation is undertaken into allegations that a member of its diplomatic corps
committed violations of the Convention while posted in India in 2015 and prosecute or
extradite any other nationals accused of committing violations of the Convention
outside the territory of the State party.
Corporal punishment
10.
The Committee is deeply concerned that the State party continues to sentence
individuals to and to impose corporal punishment, including flogging/lashing and
amputation of limbs — practices that are in breach of the Convention. The Committee is
concerned that the penalties provided by law in the State party include these and other
forms of corporal punishment, which amount to torture and cruel, inhuman or degrading
treatment or punishment under the Convention.
11.
The State party should immediately put an end to the practices of
flogging/lashing, amputation of limbs and any other form of corporal punishment. In
addition, the State party should amend its legislation in order to abolish all such forms
of corporal punishment as they amount to torture and cruel, inhuman or degrading
treatment or punishment, in violation of the Convention.
Lashing of Ra’if Badawi
12.
The Committee is concerned that, despite its written and oral requests, the State
party did not provide information about the case of blogger Ra’if Badawi, who was
sentenced and subjected to lashing, which constitutes torture under the Convention.
13.
The State party should review the case of Ra’if Badawi as well as the cases of
all individuals currently sentenced to lashing and any other form of corporal
punishment with a view to, at a minimum, invalidating any aspect of their sentences
involving corporal punishment. In addition, the State party should ensure that Mr.
Badawi receives prompt medical care and redress, including rehabilitation, as
required by article 14 of the Convention. It should also provide updated information
on his status to the Committee.
Fundamental legal safeguards
14.
The Committee notes with appreciation that legal safeguards against torture such as
the right to legal counsel and to contact a person of their choice are afforded to all detainees
under the 2013 Code of Criminal Procedure (see CAT/C/SAU/Q/2/Add.2, para. 10).
Nonetheless, the Committee is concerned that the State party’s laws do not specify a time
frame within which officials must honour the right of persons deprived of their liberty to
have access to a lawyer and that lawyers must obtain the permission of investigators in
order to access their clients. The Committee regrets that the State party’s laws do not
guarantee the right to confidential communication between lawyers and their clients, nor do
they provide a time frame within which officials must honour the right of detained persons
to contact a person of their choice to inform him or her of their arrest, but they provide that
investigators have the discretion to bar accused persons from engaging in such
communications for up to 60 days. The Committee is also concerned that the State party’s
laws allow detained persons to be held without charge for up to six months and they do not
require the authorities to promptly present persons deprived of their liberty to a judge who
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