CAT/C/COG/CO/1 the new Criminal Code and Code of Criminal Procedure and the law on the prevention and punishment of torture. The National Human Rights Commission 9. The Committee notes that in 2013, in the context of the universal periodic review, the State party accepted the recommendations to reinforce the mandate and capacities of the National Human Rights Commission, which still does not meet the criteria for A status accreditation under the principles relating to the status of national institutions for the promotion and protection of human rights (Paris Principles). Although the delegation indicated that some progress had been made in implementing the criteria provided for under the Paris Principles, the information provided does not enable the Committee to assess the progress achieved in relation to the selection process, the composition of the Commission’s membership, the way it operates and its financial autonomy and independence. The Committee further notes that the Commission is empowered to conduct investigations into acts of torture either directly or at the request of individuals and to make recommendations to the courts but without being able to refer cases directly to them (art. 2, para. 1). The State party should, without delay, take the necessary steps to: (a) Ensure that the National Human Rights Commission is in full compliance with the Paris Principles and that it has sufficient financial resources to operate; (b) Guarantee the Commission’s institutional independence and ability to operate independently; (c) Empower the Commission to refer a matter to the courts in cases where an investigation by it has identified sufficient evidence of acts of torture. Allegations of torture and ill-treatment 10. The Committee is deeply concerned about the numerous allegations of acts of torture and ill-treatment committed in most of the country’s places of detention, in particular in police stations, at the Directorate-General of National Security (DGST) and in gendarmeries. These acts are allegedly committed for the purpose of obtaining a confession by, in particular, law enforcement officials in the course of interrogations during police custody and preliminary investigations (arts. 2, 11, 12 and 13). The State party should immediately take effective measures to investigate all acts of torture, to prosecute and punish those responsible and to ensure that torture is not used. It should unambiguously reaffirm the absolute prohibition of torture and publicly condemn its practice. It should make clear in the bill currently being drafted that anyone ordering, committing or otherwise complicit or acquiescent in such acts will be held personally responsible before the law and will be subject to criminal prosecution and appropriate penalties. Fundamental legal safeguards 11. The Committee takes note of the State party’s efforts to combat violations of fundamental legal safeguards, in particular by restructuring the police and the judiciary. Nevertheless, the Committee is alarmed at the large number of allegations it has received of arbitrary arrests and detentions, the failure to observe time limits on police custody, irregularities in the keeping of official registers and the failure to observe the right of all detained persons to inform their relatives of their detention. The Committee finds it regrettable that there is no provision for the right to see an independent doctor free of charge from the moment a person is taken into police custody, that pretrial detention is GE.15-10644 3

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