CAT/C/MDA/CO/2
The Committee recalls in the light of its general comment No. 2 on the implementation
of article 2 (CAT/C/GC/2, 2008) that the special protection of minorities or
marginalized individuals or groups especially at risk is part of the State party’s
obligation to prevent torture or ill-treatment. In this respect, the State party should:
(a)
Incorporate in its Criminal Code an offence to punish hate crimes as acts
of intolerance and incitation to hatred and violence based on sexual orientation.
Moreover, the State party should continue to be vigilant in ensuring that relevant
existing legal and administrative measures are strictly observed and that training
curricula and administrative directives constantly communicate to staff the message
that incitation to hatred and violence will not be tolerated and will be sanctioned
accordingly;
(b)
Provide detailed information and statistics on the number and type of
hate crimes, as well as on the administrative and judicial measures taken to
investigate and prosecute such crimes and the sentences imposed.
Data collection
28.
The Committee requests the State party to provide in its next periodic report
detailed statistical data, disaggregated by crime, sentence, ethnicity, age and sex, on
the number of persons deprived of liberty; on the complaints relating to torture and
ill-treatment allegedly committed by law enforcement officials; on the related
investigations, prosecutions and penal or disciplinary sanctions; and on pretrial
detainees and convicted prisoners. The Committee also requests information on the
compensation and rehabilitation provided to the victims.
29.
The Committee recommends that the State party consider making the
declarations under articles 21 and 22 of the Convention.
30.
The Committee recommends that the State party also consider becoming a
party to the International Convention on the Protection of the Rights of All Migrant
Workers and Members of Their Families, the Convention relating to the Status of
Stateless Persons and the Convention on the Reduction of Statelessness. The State
party is also encouraged to ratify the International Convention for the Protection of
All Persons from Enforced Disappearance, the Convention on the Rights of Persons
with Disabilities and the Rome Statute of the International Criminal Court.
31.
The Committee invites the State party to submit its core document in
accordance with the requirements of the common core document in the harmonized
guidelines on reporting, as approved by the international human rights treaty bodies
(HRI/GEN/2/Rev.5).
32.
The State party is encouraged to disseminate widely the reports it has
submitted to the Committee, its replies to the list of issues, the summary records of
meetings and the conclusions and recommendations of the Committee, in appropriate
languages, through official websites, the media and non-governmental organizations.
33.
The Committee requests the State party to provide, within one year,
information in response to the Committee’s recommendations contained in
paragraphs 13, 15, 16, 20 and 24 above.
34.
The State party is invited to submit its next periodic report, which will be the
third, by 20 November 2013 at the latest.
12
GE.10-41468