A/69/44
insanitary conditions which reportedly have caused several deaths. It also regrets that the
State party has not made sufficient use of non-custodial measures to ease overcrowding in
prisons. The Committee is also concerned that there is no effective system for separating
inmates by category (arts. 2, 11 to 14 and 16).
The State party should step up its efforts to improve prison conditions in line with
international standards and with the Standard Minimum Rules for the Treatment of
Prisoners. It should inter alia:
(a)
Significantly reduce prison overcrowding, in particular in the prisons of
Bobo-Dioulasso, Fada N’gourma, Ouagadougou and Tenkodogo, by making greater
use of non-custodial measures, in the light of the United Nations Standard Minimum
Rules for Non-custodial Measures (the Tokyo Rules);
(b)
Ensure that prisoners have access to health care, a proper and varied
diet and hygienic conditions;
(c)
Ensure that young prisoners are kept separate from adults, untried
prisoners from convicts and women from men;
(d)
Establish an effective, independent and confidential mechanism for
lodging complaints about conditions of detention, including any ill-treatment, and
ensure that thorough, impartial and independent investigations are conducted into
any and all complaints;
(e)
Strengthen judicial supervision of prison conditions; and
(f)
Guarantee that the National Human Rights Commission, nongovernmental organizations and the future mechanism for the prevention of torture
have unhindered access to all places of detention through, in particular, unannounced
visits and the ability to speak with prisoners in private.
Orders from a superior officer
(20) While taking note of Decree No. 2004-077/SECU/CAB of 27 December 2004 on the
code of conduct of the national police force, which stipulates that subordinates must
comply with instructions from their superiors except where an order is manifestly unlawful
and would seriously jeopardize the public interest, the Committee remains concerned that
these provisions only apply to the national police and do not offer subordinates who refuse
to obey such an order protection against retaliation by superior officers (art. 2).
The State party should guarantee for all law enforcement officers the right, both in
law and in practice, as subordinates to refuse to execute an order from their superior
officers that would result in a contravention of the Convention. The State party should
develop a mechanism to protect from reprisals subordinates who refuse to obey orders
from a superior officer if they would result in a contravention of the Convention.
Customary practices that are harmful to women and violence against women
(21) The Committee takes note of the increased efforts made by the State party to combat
female genital mutilation. However, it remains concerned that neither this practice, nor
other discriminatory practices that are harmful to women, such as forced and early
marriages and levirate and sororate marriages, have stopped. The Committee also remains
concerned by reports that some elderly women have been accused of witchcraft and thus
subjected to physical and verbal violence and rejected by their community, and are now
housed in shelters (arts. 2, 12 to 14 and 16).
The State party should intensify its efforts to combat customary practices that are
harmful to women, including female genital mutilation and forced marriage, inter alia
by stepping up campaigns to alert the public to the harmful effects of certain customs
GE.14-12596
31
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