A/67/44
The State party should hold discussions at the community level, in particular with the
heads of the fokontany, and take other steps to reduce the incidence of and ultimately
eliminate forced marriages and moletry (probationary one-year marriages involving
underage girls). It should enforce the obligation to register all marriages in order to
monitor their compliance with domestic law and the conventions it has duly ratified.
The State party should also prohibit early marriages, and prosecute offenders.
The Committee encourages the State party to pass a law to prevent and punish
marital rape and prohibit corporal punishment of children. It invites the State party
to ensure that methods for detecting violence against women and children are
included in the training of law enforcement officers.
National human rights institution
(14) The Committee regrets that the political crisis of 2009 prevented the appointment of
members of the National Human Rights Council, and that the Council has been unable to
function since its establishment in 2008 (arts. 2, 12, 13 and 16).
The State party should ensure the effective and independent operation of this
institution by allocating the human resources and funding it needs to fulfil its
mandate, which in particular involves the investigation of allegations of torture and
ill-treatment. The Committee encourages the State party to request technical
assistance from the Office of the United Nations High Commissioner for Human
Rights to ensure that the institution complies with the principles relating to the status
of national institutions for the promotion and protection of human rights set forth in
the annex to General Assembly resolution 48/134 (the Paris Principles).
Hostage-taking of relatives
(15) The Committee deplores the fact that women have allegedly been arrested and
detained in order to force their husbands to turn themselves over to the police (arts. 12 and
16).
The State party should put an end to the practice of taking relatives of suspected
criminals hostage and should expedite investigations with a view to punishing those
responsible. This practice is a grievous violation of domestic law and the fundamental
principles of human rights.
Prisoners on death row and capital punishment
(16) While noting that the State party has applied a de facto moratorium on the death
penalty by systematically commuting death sentences to prison terms, the Committee
regrets that the moratorium has not been given formal expression under the law (arts. 2, 11
and 16).
The State party should maintain the de facto moratorium on the use of capital
punishment and consider passing a law systematically commuting death sentences to
prison terms. The Committee would like more information addressing reports that
death sentences continue to be handed down and concerning prison conditions on
death row, the amount of time it generally takes to commute death sentences to prison
terms, the treatment of convicts sentenced to death and the right of such convicts to
receive visits from family members and their lawyers. The Committee also encourages
the State party to ratify the Second Optional Protocol to the International Covenant
on Civil and Political Rights, aiming at the abolition of the death penalty.
Training
(17) While noting that human rights training sessions have been organized, the
Committee regrets the failure to assess the impact of that training in terms of the
GE.12-44492
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