CAT/C/CMR/CO/4 (d) Ensure that, in practice, complainants and witnesses are protected from any ill-treatment and acts of intimidation related to their complaint or testimony; (e) Revise article 30, paragraph 2, of the Code of Criminal Procedure and ensure that any act of torture and cruel, inhuman or degrading treatment is met with prosecution and the appropriate convictions; (f) Compile relevant and comprehensive statistics as soon as possible on complaints, inquiries, legal proceedings, convictions and sentences passed in cases of torture or cruel, inhuman or degrading treatment. Constitutional Council 21. The Committee notes with satisfaction the establishment on 21 April 2004 of the Constitutional Council as the body regulating State institutions. However, it notes with concern that this institution has yet to start work, as its members have not been appointed. It 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 sidearms, armed robbery and all related offences, from the jurisdiction of military justice. GE.10-42570 7

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