National Human Rights Commission (27) The Committee notes with concern that the National Human Rights Commission is no longer operational, owing in particular to a lack of human and financial resources. Furthermore, the Committee regrets that the Commission does not comply with the Paris Principles in respect of its membership, lack of independence and lack of pluralism (arts. 2, 11 and 13). The State party should, as a matter of extreme urgency, take the necessary organizational and budgetary measures to make the National Human Rights Commission operational and ensure that it complies with the Paris Principles (General Assembly resolution 48/134, annex). Reparation and compensation (28) The Committee regrets the National Assembly’s failure as yet to follow up on the bill proposed in 2005 by the Association of Victims of Crimes and Political Repression (AVCRP), which recommended the establishment of a compensation fund for victims of the abuses committed by the regime of President Hissène Habré. Moreover, the Committee notes the absence of a reparation programme or other national reconciliation measures such as that proposed in 1992 by the commission of inquiry into the crimes and abuses of power committed by former President Habré and his accomplices (art. 14). The State party should, as a matter of great urgency, adopt the bill on material compensation for the victims of torture under the Hissène Habré regime and establish appropriate mechanisms to meet the victims’ legitimate needs for justice and to promote national reconciliation. Confessions obtained under duress (29) The Committee is concerned at the lack of legal provisions explicitly prohibiting the use as evidence in judicial proceedings of confessions and statements obtained by torture. It is alarmed by reports from the State party indicating that confessions obtained by torture are invoked as a form of evidence in proceedings and that such practices persist owing to the impunity of guilty parties and pressures on judges (art. 15). The State party should amend the Code of Criminal Procedure to explicitly prohibit the use of any statement obtained by torture as a form of evidence in judicial proceedings. The State party should take the necessary measures to ensure that criminal convictions are based not only on the confession of the accused but also on other, legally obtained evidence, thus allowing the judge to exercise full discretion. It should also take the necessary measures to ensure that statements made under torture are not invoked as evidence in any proceedings, except against a person accused of torture, in accordance with the provisions of the Convention. The State party is requested to review criminal convictions based solely on confessions in order to identify instances of wrongful conviction based on evidence obtained through torture or ill-treatment and to take appropriate remedial measures. Violence against women (30) While welcoming the promulgation of Act No. 06/PR/2002 to eradicate female genital mutilation, early marriage, domestic violence and sexual violence (the most severe form of female genital mutilation, infibulation, is practised in eastern Chad), the Committee remains concerned about the widespread occurrence of traditional practices which violate the physical integrity and human dignity of women and girls. The Committee also notes with concern that Act No. 06/PR/2002 does not provide penalties for perpetrators of such crimes and that no decree giving effect to this legislation has yet been drafted (art. 16). The State party should pursue its awareness-raising efforts and implement existing legislative measures to combat traditional practices that constitute cruel, inhuman or degrading treatment of 78

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