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Convention. In addition, the Committee is particularly concerned at the fact that the State party’s
current expulsion, refoulement and extradition procedures and practices may expose individuals
to the risk of torture (art. 3).
The State party should adopt a legislative framework regulating expulsion,
refoulement and extradition and revise its current procedures and practices in order
to fulfil its obligations under article 3 of the Convention.
The State party should also review the terms of the 1961 General Agreement on
Cooperation in Judicial Matters and all other judicial cooperation agreements so as
to ensure that the transfer of detainees to another signatory State is carried out under
a judicial procedure and in strict compliance with article 3 of the Convention.
Administration of justice
24. The Committee is concerned at the numerous shortcomings in the Chadian justice system
which undermine the right to prompt and impartial examination of cases and the right to
reparation and compensation, and which promote impunity. The Committee regrets in particular
that the shortcomings highlighted in 2005 by the independent expert on the situation of human
rights in Chad, namely the dependence of the judiciary upon the executive, the scarcity of
physical and human resources and the climate of insecurity affecting certain judges, continue to
apply (E/CN.4/2005/121, para. 5). The Committee notes with concern that because of
understaffing among professional judges, sub-prefects have been given the powers of district
judges. Moreover, allegations have been received of corruption among judges, police officers
and gendarmes and of a lack of training for judicial personnel. The Committee is also concerned
that responsibility for the appointment and promotion of judges rests entirely with the President,
which jeopardizes the independence of the judiciary (arts. 2, 13 and 14).
To address the shortcomings in the administration of justice, the State party should:
(a) Urgently implement the Justice Reform programme approved in 2005 and
request the support of the international community to that end;
(b) Provide appropriate training for all judicial personnel in order to address
the shortage of judges and ensure, to the extent possible, that professional judges are
deployed to all judicial districts;
(c) Pursue and intensify anti-corruption efforts, including by adopting the
necessary legislative and operational measures;
(d) Ensure that the judiciary is fully independent, in accordance with relevant
international standards.
Living conditions in places of detention and systematic monitoring of places of detention
25. While taking note of the efforts made by the State party to improve prison conditions, the
Committee remains deeply concerned about the deplorable living conditions in places of
detention. The Committee has received reports of prison overcrowding, “inmate
self-government” in places of detention, corruption, lack of hygiene and insufficient food, health