CAT/C/BEL/CO/3
on the measures taken by the State party to provide rehabilitation for the victims of torture
or ill-treatment (art. 14).
Recalling its general comment No. 3 (2012) on the application of article 14 by States
parties, the Committee recommends that the State party ensure that all victims of acts
of torture or ill-treatment can fully exercise their right to redress and receive the
means necessary for their full rehabilitation.
Use of confessions obtained as a result of torture
24.
While taking note of the adoption of the Act of 24 October 2013, which amends the
Code of Criminal Procedure with regard to the invalidity of evidence obtained improperly,
the Committee remains concerned that the Act does not contain an explicit provision on the
inadmissibility of evidence obtained as a result of torture (art. 15).
The Committee urges the State party to amend its legislation so that statements
obtained as a result of torture or ill-treatment may not be used or invoked as evidence
in any proceedings, except as evidence against the person accused of torture.
Administration of juvenile justice
25.
The Committee continues to be concerned that, under the law, children aged 16 to
18 who are in conflict with the law may be tried as adults and, if convicted, held in prisons
for adults. The Committee is also concerned by the sluggishness of certain judicial
procedures (art. 11).
The Committee recalls its previous recommendation (CAT/C/BEL/CO/2, para. 17)
and requests the State party to establish a system of juvenile justice that fully
conforms to the provisions of the Convention on the Rights of the Child, in law and in
practice, and to ensure that persons under the age of 18 are not tried as adults. The
Committee recommends that the State party take the necessary steps to speed up
judicial procedures.
Use of electroshock weapons
26.
Despite the State party’s clarifications concerning current legislation on the use of
force by the police and concerning the rules and conditions for the use of Tasers by police
officers, the Committee remains concerned by the fact that the use of such weapons is not
subject to thorough supervision (arts. 2, 11 and 16).
The State party should ensure that electroshock weapons are used only under extreme
circumstances as an alternative to lethal weapons, as, for example when there is a real
and immediate threat to life or a risk of serious injury. The State party should also
ensure that these weapons are only used by duly qualified personnel. The Committee
is of the opinion that the use of electroshock weapons should be subject to the
principles of necessity and proportionality and should not be a permissible part of the
equipment provided to warders in prisons and other places of deprivation of liberty.
The Committee recommends that the State party strictly supervise and monitor the
use of these weapons and step up its efforts to ensure observance of the rules and
conditions for their use by law enforcement officials.
Corporal punishment
27.
While taking note of the awareness-raising campaigns organized to prevent violence
against children, the Committee notes with concern that the State party has not yet adopted
specific legislation expressly prohibiting corporal punishment under all circumstances,
particularly in the family and non-institutional childcare settings (arts. 2 and 16).
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