A/67/44
Institutions for the Promotion and Protection of Human Rights, in order to ensure
that it complies with the Principles relating to the status of national institutions for the
promotion and protection of human rights, including with regard to its independence.
Investigations
(14) Notwithstanding the explanations that the State party provided during the dialogue,
the Committee continues to be concerned about:
(a)
The lack of any thorough investigations into the arrests during the
demonstrations that took place on 18 February 2011 of more than 300 persons, several of
whom are alleged to have been subjected to torture and ill-treatment in gendarmerie
custody (arts. 12, 13, and 14);
(b)
The case of two Ethiopian nationals, Captain Behailu Gebre and Abiyot
Mangudai, who, on 11 July 2005, were sent back to Ethiopia, where they were kept in
detention and tortured. The Committee notes with concern that, according to information
received, these persons did not have access to the remedy allowing them to lodge an appeal
against their expulsion. It also expresses concern about the fact that the State party did not
conduct any thorough and effective investigation into this case. Furthermore, it notes with
concern that Djibouti did not respond to the urgent appeals on this matter sent by the
Special Rapporteur on torture and other cruel, inhuman or degrading treatment or
punishment. The Committee would thus welcome information from the State party on this
subject (arts. 12, 13 and 14);
(c)
The case of Yemeni national Mohammed al-Asad. According to information
before the Committee, the latter was allegedly detained incommunicado in Djibouti for two
weeks before being transferred to Afghanistan. In detention he was allegedly tortured,
placed in extreme isolation without human contact, subjected to constant extremely loud
music, and exposed to artificial light for 24 hours a day, to cold and to dietary
manipulation. The Committee notes that this case is currently being examined by the
African human rights system, specifically the African Commission on Human and Peoples’
Rights.
The State party should immediately conduct independent, impartial and thorough
investigations into the above-mentioned incidents with a view to bringing the possible
perpetrators of violations of the Convention to justice. The Committee recommends
that such investigations be undertaken by independent experts responsible for
examining all information thoroughly, reaching conclusions as to the facts and the
measures taken, and providing adequate compensation to the victims and their
families, including the means for them to achieve as full rehabilitation as possible. The
State party is requested to provide the Committee with detailed information on the
outcome of all those investigations in its next periodic report.
The State party should adopt a legislative framework regulating expulsion,
refoulement and extradition in order to fulfil its obligation under article 3 of the
Convention. The expulsion, refoulement and extradition of individuals, including
undocumented individuals, should be decided by a court after careful assessment of
the risk of torture in each case and should be subject to appeal with suspensive effect.
The terms of judicial cooperation agreements signed with neighbouring countries
should be revised so as to ensure that the transfer of detainees to another signatory
State is carried out under a judicial procedure and in strict compliance with article 3
of the Convention.
Complaints mechanism
(15) Notwithstanding the information provided in the State party’s report on the
possibility for prisoners and detainees to submit complaints to the Prosecutor-General, the
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GE.12-44492
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