A/67/44
The State party should take necessary measures to eliminate any form of violence or
discrimination against detainees based on sexual orientation or nationality, including
all abusive and discriminatory actions taken by prison inmates against other
detainees. It should establish a confidential system for receiving and processing
complaints regarding torture or ill-treatment and ensure that the system is established
in all places of deprivation of liberty. The State party should further ensure that all
complaints received are promptly, impartially and effectively investigated, and the
perpetrators punished with appropriate penalties.
The State party should ensure that the Police Monitoring Group has access to all
police stations, including the ability to conduct unannounced visits. It should also take
effective measures to keep under systematic review all places of detention, including
the existing and available health services therein, and should take measures to
eliminate corruption in prisons.
Post-electoral violence
(20) The Committee notes with concern that despite efforts made by the State party to
investigate allegations of the use of excessive and indiscriminate force by police in
responding to clashes between police and protesters following the February 2008 elections,
the investigation by the Special Investigation Service into the 10 deaths that occurred
during the clashes remains ongoing. The Committee is also concerned about persistent
allegations that in the immediate aftermath of the violence, many individuals were
arbitrarily detained, denied the right to access to a lawyer of their choice, and subjected to
ill-treatment in custody, and that these allegations have not been adequately investigated
(arts. 2, 12, 13 and 16).
The State party should expedite the investigation into the 10 deaths resulting from the
violence following the February 2008 elections and ensure that any law enforcement
official found to have used excessive or indiscriminate force is prosecuted and
punished with sentences appropriate to the gravity of the crime, and that the families
of victims are provided with redress, including compensation. The State party should
also ensure that broader allegations of excessive and indiscriminate use of force, illtreatment and denial of safeguards by the police in the aftermath of these elections are
independently and effectively investigated. The State party should take measures to
ensure that individuals believed to have knowledge of the March 2008 events are
effectively protected from reprisals and intimidation.
Juvenile justice
(21) The Committee regrets the absence of juvenile justice, including juvenile courts. The
Committee notes the establishment of a public monitoring group, consisting of
representatives of non-governmental organizations, mandated to carry out monitoring of
special boarding schools. However, the Committee is concerned about the reported practice
of holding juvenile detainees in solitary confinement for up to 10 days as a disciplinary
sanction at such special schools (arts. 11, 12 and 16).
The Committee encourages the State party to establish a juvenile justice system, and
particularly to establish a specialized juvenile division or jurisdiction with judges with
professional competence to deal with juvenile cases and other judicial staff, and
ensure its proper functioning in compliance with international standards. The State
party should closely monitor the situation of special schools to ensure that children
are not subjected to intimidation, ill-treatment or violence. The State party should
limit the use of solitary confinement as a measure of last resort, for as short a time as
possible under strict supervision and with a possibility of judicial review. Solitary
confinement of juveniles should be limited to very exceptional cases.
GE.12-44492
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