CAT/C/CR/31/1
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(b)
Reconsider also, in the light of its obligation to prevent torture and ill-treatment
under the Convention:
(i)
The use of “peasant soldiers”;
(ii)
The adoption of measures that appear to give military forces powers of
criminal investigation under which suspects can be detained for long
periods without judicial control;
(iii)
The judicial reform bill, so as to provide full protection for amparo
proceedings and respect and promote the role of the Constitutional Court
in defending the rule of law;
(c)
Ensure that anyone, especially any public servant, who backs, plans, foments,
finances or in any way participates in operations by paramilitary groups, known as “self-defence
groups”, responsible for torture is identified, arrested, suspended from duty and brought to
justice;
(d)
Ensure that the staff of the Human Rights Unit of the Public Prosecutor’s Office
are able to carry out their duties independently, impartially and in safety and provide the Unit
with the resources needed to do its work effectively;
(e)
Investigate, prosecute and punish those responsible for rape and other forms of
sexual violence, including rape and sexual violence that occur in the framework of operations
against illegal armed groups;
(f)
That in cases of violation of the right to life any signs of torture, especially sexual
violence, that the victim may show be documented. That evidence should be included in
forensic reports so that the investigation may cover not only the homicide but also the torture.
The Committee also recommends that the State party provide medical staff with the training
necessary to determine when torture or ill-treatment of any kind has occurred;
(g)
Respect the provisions of the Military Penal Code that exclude cases of torture
from the jurisdiction of the military courts and ensure that those provisions are respected in
practice;
(h)
Take effective measures to protect human rights defenders against harassment,
threats and other attacks and report on any judicial decisions and any other measures taken in
that regard. The Committee also recommends the adoption of effective measures for the
protection of the physical integrity and independence of members of the judiciary;
(i)
Take effective measures to improve conditions in places of detention and to
reduce overcrowding there;
(j)
Ensure, so as to preclude all instances of torture or cruel, inhuman or degrading
punishment, that persons subjected to any form of arrest, detention or imprisonment are treated
according to international standards;