The Macao SAR should define and criminalize torture in its Criminal Code in full conformity with
article 1 and 4 of the Convention. To this end, the Committee recommends that the crime of torture
constitute a single offence subject to the relevant aggravating circumstances applicable to the crime of
torture.
Jurisdiction
(6)
The Committee is concerned that while Macao SAR’s jurisdiction can always be established over acts of
serious torture committed abroad (art. 236 of the criminal code), the exercise of extra territorial jurisdiction with
respect to other torture offences (art. 234 of the criminal code) is conditional to the requirement of double
criminality.
The Macao SAR should establish its jurisdiction for all acts of torture committed abroad, in
accordance with article 5, paragraph 2, of the Convention.
Training
(7)
The Committee welcomes information about the training given to police officers, prison wardens and other
law-enforcement officials regarding human rights and the prohibition of torture, but is concerned that that there
appears to be no special training programmes for health professionals aiming at identifying and documenting cases
of torture and provide rehabilitation for the victims.
The Macao SAR should ensure that health care professionals are equipped with the necessary training
to recognize and detect features and signs that may suggest the occurrence of torture. To this end, the
Macao SAR should, inter alia, further promote, disseminate and use the “Manual on the Effective
Investigation and Documentation of Torture and Other Cruel, Inhuman or Degrading Treatment or
Punishment” (Istanbul Protocol).
Solitary confinement
(8)
The Committee is concerned that children as young as 12 can be potentially subjected to solitary confinement to
up to one month.
The Macao SAR should ensure that persons under the age of 18 should not be subjected to solitary
confinement; if applied, it should be limited to very exceptional cases and closely monitored. The
Macao SAR should also ensure that solitary confinement remains in all cases a measure of limited
duration and of last resort, in accordance with international standards.
Trafficking in persons
(9)
While noting the measures taken in order to reduce trafficking, including new legislation, as well as the
intensification in investigation and prosecution of this crime, the Committee is still concerned at the incidence of
trafficking in Macao SAR, notably in women and children, especially for the purpose of sexual exploitation.
The Macao SAR should continue to take measures to combat trafficking in persons, notably women
and children. To this end, it should:
(a)
Investigate all cases of trafficking and strengthen its efforts to prosecute and punish the
perpetrators;
(b)
Increase protection, including recovery and reintegration, to trafficked persons,
especially women and children, who should be treated as victims and not criminalized; and
(c)
Strengthen cooperation with the authorities of countries from or to which individuals are
trafficked in order to combat this practice; such cooperation should include multilateral, regional and
bilateral arrangements for the prevention, detection, investigation, prosecution and punishment of
those responsible of trafficking as well a strategies for supporting the victims.
33
Select target paragraph3
Connect to a paragraph
Connect to an entity
Disable highlights
Add to table of contents