CAT/C/COG/CO/1 (b) Take all necessary legal and administrative steps to ensure the protection of victims of torture or cruel, inhuman or degrading treatment or punishment, members of their families and witnesses at every stage of proceedings. Impunity: need for investigations and prosecutions 16. The Committee is concerned at reports of impunity in cases of enforced disappearance, torture or ill-treatment, including brutality and excessive use of force during police operations. It takes note of the information provided by the State party to the effect that it has established the domestic legal conditions required for the punishment of torture, but remains concerned that law enforcement officials and military personnel suspected of having committed acts of torture appear rarely to be prosecuted. The Committee is further concerned at the State party’s failure to investigate the numerous allegations of torture or ill-treatment that, in some cases, is said to have led to the death of persons detained in places of deprivation of liberty. Such impunity is an additional barrier to the bringing of legal actions by citizens of the State party (arts. 12, 13 and 16). The State party should: Take the appropriate steps to ensure that all allegations of enforced disappearance, torture, ill-treatment or death in custody are promptly, thoroughly and impartially investigated, that the perpetrators of these acts are prosecuted and, if found guilty, are given sentences commensurate with the gravity of the offence. Redress for and rehabilitation of victims of torture 17. While noting that the State party’s legal system recognizes the right of victims of acts of torture to fair and equitable redress under the general rules on civil and administrative liability, the Committee notes the lack of information on the implementation of the relevant redress mechanism (art. 14). The State party should put in place a legislative framework and a clear procedure enabling all victims to enjoy their right to redress, in accordance with article 14 of the Convention and as set out by the Committee in its general comment No. 3 (2012) on the implementation of article 14 by States parties. Refugees and asylum seekers 18. The Committee welcomes the State party’s continued efforts to ensure access to its territory for refugees and asylum seekers, in accordance with article 3 of the Convention. Nevertheless, the Committee notes with concern the current lack of any comprehensive legislation on asylum and refugees. The Committee is also concerned at reports of physical abuse, ill-treatment and sexual violence allegedly carried out by the police authorities against a large number of nationals of the Democratic Republic of the Congo following a police operation entitled Mbata ya bakolo, which took place in April 2014. While taking note of the administrative sanctions imposed and the criminal proceedings initiated against 18 police officers who were responsible for serious human rights violations during that operation, the Committee regrets the lack of information on the status of those proceedings and the type of criminal sanctions envisaged. The Committee is also concerned at reports of numerous cases of refoulement to the Democratic Republic of the Congo in the wake of the above-mentioned police operation (arts. 3, 11 and 16). The Committee recommends that the State party: (a) Strengthen its domestic legislative framework by drafting a comprehensive law on asylum containing specific provisions on non-refoulement and access to its territory, in accordance with article 3 of the Convention; 6 GE.15-10644

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