A/69/44 National preventive mechanism (16) The Committee regrets that the State party has not established a national preventive mechanism since ratifying the Optional Protocol to the Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment in July 2010 (art. 2). The State party should expedite the establishment of a national preventive mechanism and allocate the necessary human and financial resources to enable it to carry out its functions effectively and independently, in line with the relevant provisions of the Optional Protocol and with the basic principles of the guidelines on national preventive mechanisms of the Sub-Committee on Prevention of Torture (CAT/OP/12/5). Independence of the judiciary (17) The Committee remains concerned by reports that the judiciary is not independent of the executive branch, in particular that the Higher Council of the Judiciary remains under the authority of the executive. It is concerned by a number of reports of corruption pervading the judiciary, notwithstanding the action taken by the State party to correct this situation. The Committee is also concerned about the refusal in 2009 (A/HRC/10/80, para. 100) of the recommendation in paragraph 58 (a) of the report of the Working Group on the Universal Periodic Review, requesting the State party to make every possible effort to ensure that the justice system can operate independently and that all political influence on the legal system is eliminated (arts. 2 and 12). The State party should: (a) Take appropriate measures to guarantee and protect the judiciary’s independence and ensure that the judiciary, including the Higher Council of the Judiciary, is able to carry out its functions free from any pressure or interference on the part of the executive, in line with the Basic Principles on the Independence of the Judiciary (General Assembly resolutions 40/32 of 29 November 1985 and 40/146 of 13 December 1985); (b) Provide the judiciary with the human and financial resources that it needs to guarantee its independence by ending any political influence on the judicial system and combating corruption more assiduously. Redress (18) While noting that article 3 of the Code of Criminal Procedure allows for victims to sue for damages in criminal proceedings, the Committee regrets that no redress has been afforded by the courts of the State party to victims of acts of torture or ill-treatment. The Committee also regrets that rehabilitation measures, including medical treatment and social rehabilitation services, have not been established for victims of torture (art. 14). The State party should take appropriate measures to ensure that victims of acts of torture and ill-treatment receive full and fair redress and the fullest possible rehabilitation. It should provide detailed information on the follow-up given to such cases involving compensation for victims of torture or ill-treatment. The Committee draws the State party’s attention to general comment No. 3 (2012), concerning the implementation of article 14 by States parties, in which the Committee explains and clarifies the content and scope of the obligation of States parties to ensure and provide full redress to victims of torture or ill-treatment. Prison conditions (19) Despite the efforts made by the State party to build new prisons, the Committee remains deeply concerned by the poor conditions in the country’s prisons, including 30 GE.14-12596

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