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Furthermore, such a policing body undermines the provisions of Law No. 22/1999 on
Regional Autonomy and Law No. 32/2004 on Local Government, which provide that
law, religion and security sectors remain under the authority of the national
Government.
The State party should also ensure that the members of the Wilayatul Hisbah
exercise a defined jurisdiction, are properly trained and operate in conformity
with the provisions of the Convention, especially on the prohibition of torture and
ill-treatment, and that their acts are subject to review by ordinary judicial
authorities. State institutions should supervise the actions of the Wilayatul Hisbah and
ensure that fundamental legal safeguards apply to all persons who are accused of
violating matters of its concern. The State party should further ensure that a legal aid
mechanism exists to guarantee that any person has an enforceable right to a lawyer
and other due process guarantees, so that all suspects have the possibility of
defending themselves and of lodging complaints of abusive treatment in violation of
national law and the Convention.
The State party should review, through its relevant institutions, including
governmental and judicial mechanisms at all levels, all local regulations in order to
ensure they are in conformity with the Constitution and with ratified legal
international instruments, in particular the Convention.
Violence against women, including sexual and domestic violence
16. The Committee is concerned by allegations of the high incidence of rape in conflict areas
perpetrated by military personnel as a form of torture and ill-treatment and by the absence of
investigation, prosecution and conviction of the perpetrators. In addition, the Committee is also
concerned at the narrow definition of rape in the Penal Code and at the evidentiary requirement
of article 185, paragraph 2, of the Code of Criminal Procedure, which requires rape complaints
to be confirmed by two witnesses. While acknowledging the adoption of Law No. 23/2004 on
domestic violence, the Committee remains concerned about the high reported incidence of
domestic violence in the State party, the absence of implementing regulations, the insufficient
awareness and training of law enforcement officials and allocation of Government funds to
support the new system and the absence of statistical data on such phenomena. The Committee
also noted the information provided by the delegation on female genital mutilation, and remains
seriously concerned about its widespread practice in the State party (art. 16).
The State party should ensure prompt, impartial and effective investigation of all
allegations of rape and sexual violence, including those perpetrated in military
conflict areas, and prosecute and punish perpetrators with penalties appropriate to
the grave nature of their acts. The State party should, without delay, repeal all
discriminatory laws against women, including article 185, paragraph 2, of the Code of
Criminal Procedure.
The State party should adopt all adequate measures to eradicate the persistent
practice of female genital mutilation, including through awareness-raising campaigns
in cooperation with civil society organizations.