CAT/C/CRI/CO/2
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The Committee recommends the adoption of protocols and the provision of proper
training for border officials and personnel working in centres for the administrative
detention of aliens for the identification of victims of trafficking and others who are
entitled to international protection.
Ill-treatment and abuse of authority
11. The Committee takes note of the efforts made by the State party to address cases of abuse
of authority by border guards and prison staff, including specific recommendations that officials
should avoid actions or omissions which violate rights. However, the Committee remains
concerned at cases of abuse of immigrants and citizens, especially on the grounds of their sexual
orientation and/or transsexual identity. The Committee considers that, in particular, the rules on
public morals can grant the police and judges discretionary power which, combined with
prejudices and discriminatory attitudes, can lead to abuse against this group (arts. 2, 11 and 16).
Through training and awareness creation among those concerned, the State party
should foster a policy of respect for human rights for all without discrimination.
The State party should take steps to ensure continuous monitoring and periodic
evaluation of the impact of the training and awareness creation provided for police
officers, border guards and prison personnel.
Complaints, investigations and proper convictions
12. The Committee notes with satisfaction the cases where the Convention has been directly
applied by domestic courts. However, the Committee notes that only one complaint of torture
has been registered and that no convictions have been handed down for torture since the new law
entered into force. The Committee notes with concern that some possible cases of torture have
been investigated as abuses of authority despite their gravity. It also notes with concern reports
that victims and witnesses are not provided with adequate protection (arts. 2, 11 and 13).
The State party should ensure that legislation on torture is effectively applied and
that all those involved, especially police officers and prison staff, border guards,
medical personnel and judicial personnel, receive proper training in the new
legislation. Detainees should also be given information on the Convention and
domestic legislation and on the rules and guidelines for police officers and prison
personnel relating to torture.
The Committee welcomes the bill on victim and witness protection and urges the
State party to ensure that the victims and witnesses of serious human rights violations
are provided with proper protection as soon as possible.
Training on the prohibition of torture
13. The Committee expresses concern at the fall in the number of hours devoted to human
rights in basic police training (art. 10).
The State party should ensure that the police forces receive specific and appropriate
training in human rights and on the Convention.