A/67/44
should ensure that all fundamental legal safeguards are implemented for persons in
psychiatric institutions.
The State party should also take measures to establish a juvenile justice system in
compliance with the United Nations Standard Minimum Rules for the Administration
of Juvenile Justice (the Beijing Rules), adopted by General Assembly resolution 40/33
of 29 November 1985, and the United Nations Guidelines for the Prevention of
Juvenile Delinquency (the Riyadh Guidelines), adopted and proclaimed by General
Assembly resolution 45/112 of 14 December 1990.
Monitoring and inspection of places of deprivation of liberty
(12) The Committee notes the information provided by the State party on the
establishment of a prison guard corps within the Legislation and Human Rights Directorate,
part of the Ministry of Justice Penal Affairs and Human Rights. It also notes the work of the
National Human Rights Commission, the visits the Commission has organized to Gabode
prison, police stations, gendarmerie units and other places of detention or prisons, as well as
the use of information gathered during those visits in the reports the Commission has
drafted on the human rights situation in Djibouti. However, the Committee remains
concerned about the State party’s insufficient efforts to ensure sustained monitoring and
inspection of places of deprivation of liberty (arts. 2, 10, 12, 13 and 16).
The Committee recommends that the State party establish an effective and
independent national system to monitor and inspect all places of deprivation of liberty
and ensure that systematic follow-up is given to the outcome of such monitoring. It
should also strengthen its cooperation with NGOs and increase support for them to
enable them to independently monitor conditions in places of deprivation of liberty.
The State party is requested to include in its next periodic report detailed information
on the places, dates and periodicity of visits, including unannounced visits, to places of
deprivation of liberty, as well as on the findings and the follow-up given to the
outcome of such visits.
National human rights institution
(13) The Committee notes with satisfaction the establishment of the National Human
Rights Commission, the duties of which include visiting places of deprivation of liberty and
examining complaints of alleged human rights violations. The Committee regrets, however,
that the Commission is not in conformity with the Principles relating to the status of
national institutions for the promotion and protection of human rights (the Paris Principles,
General Assembly resolution 48/134, annex). Among other things, its members, including
its Chair and its Vice-Chair, are appointed by the President of the Republic, which thus
compromises its independence (art. 2).
The State party should strengthen the role and terms of reference of the National
Human Rights Commission, including its mandate to conduct regular and
unannounced visits to places of deprivation of liberty in order to issue independent
findings and recommendations. It should also give all due weight to the Commission’s
conclusions on the individual complaints it receives, and communicate those
conclusions to the public prosecutor’s office in cases where torture or ill-treatment is
found to have occurred. The State party is requested to provide information,
including statistical data, on the complaints examined by the Commission regarding
alleged torture and other cruel, inhuman or degrading treatment or punishment, and
to indicate whether these cases have been communicated to the competent authorities
for prosecution.
The Committee encourages the State party to request accreditation of the National
Human Rights Commission by the International Coordinating Committee of National
GE.12-44492
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