A/65/44
also notes that doubts remain over whether members of the Constitutional Council may
renew their terms of office (art. 2).
The State party should expedite the process of appointing members to the
Constitutional Council and ensure that this institution begins its work as soon as
possible. It should consider reviewing Acts Nos. 2004/004 and 2004/005 of 21 April
2004 concerning the organization and functioning of the Constitutional Council and
establishing the status of its members in order to remove any doubts over the renewal
of council members’ terms of office.
Body for monitoring law enforcement agencies or “Police des Polices”
(22) While noting the establishment in 2005 of a Special Police Oversight Division, the
so-called “Police des Polices”, attached to the Department for National Security, the
Committee remains concerned about this institution’s lack of independence and objectivity.
It is concerned that inquiries into allegations of unlawful acts, including torture or cruel,
inhuman or degrading treatment, committed by the police, are carried out by police officials
of the Special Police Oversight Division. In this regard, the Committee is concerned that
only a few complaints against police officials are admitted, give rise to prompt, impartial
and exhaustive investigations, and lead to prosecutions and convictions (arts. 2, 12, 13 and
16).
The State party should establish a body that is independent of the police and ensure
that allegations of torture and other cruel, inhuman or degrading treatment or
punishment are the subject of prompt, impartial, thorough and effective
investigations.
Military justice
(23) The Committee takes note of Act No. 2008/015 on the organization of military
justice. However, it is concerned about the degree to which military justice applies to
civilians, in cases of offences under legislation on combat weapons, defence, robbery with
firearms and all related offences (art. 2).
The Committee recalls the conventional jurisdiction of military justice, which should
be confined to crimes committed in the context of military service, and recommends
that the State party review its legislation in order to exclude offences by civilians,
including those that contravene legislation on military weapons and side arms, armed
robbery and all related offences, from the jurisdiction of military justice.
Terminating criminal prosecutions in the “social interest” or for “public order”
(24) The Committee notes with concern that the current Code of Criminal Procedure
contains a provision under which the Ministry of Justice may terminate criminal
prosecutions in the “social interest” or for “public order”. While noting article 2 of Act No.
2006/022, which specifies the organization and functioning of administrative courts and
contains provisions that penalize the abuse of authority, as well as the claim by the State
party that this procedure has only been invoked once since it came into force in 2006, the
Committee is concerned by the absence of appeals against the decision of the Ministry of
Justice, as well as the lack of a definition of the terms in article 64 of the Code of Criminal
Procedure (arts. 2, 12 and 13).
The State party should review the Code of Criminal Procedure in order to ensure that
all criminal proceedings lead to the acquittal or conviction of the accused. Any
decision by the Ministry of Justice to terminate criminal proceedings, even in the
“social interest” or for “public order”, should be open to judicial appeal.
GE.10-44721
87
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