CAT/C/DJI/CO/1
treatment committed by law enforcement, security, military and prison officials, with
a mandate to conduct prompt and impartial investigations into such allegations and to
prosecute the perpetrators. The State party should ensure that complainants are
protected in practice against any ill-treatment or intimidation they might suffer as a
consequence of their complaints or any evidence given.
The Committee requests the State party to clarify whether acts of torture and illtreatment are subject to ex officio investigation and prosecution and to provide
information, including statistics, on the number of complaints filed against public
officials for torture and ill-treatment, as well as information about the results of the
proceedings, at both the penal and disciplinary levels. This information should be
disaggregated according to the sex and age of the complainant and should indicate
which authority undertook the investigation.
Refugees and asylum-seekers
16.
The Committee is concerned about the fact that the National Asylum Eligibility
Commission is not properly functional and that applicants for asylum or refugee status
remain in an undefined legal situation for much too long, with a risk of expulsion. The
Committee also notes with concern that the State party has not acceded to the Convention
relating to the Status of Stateless Persons (1954) or to the Convention on the Reduction of
Statelessness (1961) (arts. 3 and 16).
The State party should ensure that the National Asylum Eligibility Commission
functions properly and that persons subject to an expulsion order are able to appeal to
the courts against the decision.
The Committee recommends that the State party consider acceding to the Convention
relating to the Status of Stateless Persons and to the Convention on the Reduction of
Statelessness.
Conditions of detention
17.
The Committee takes note of the commitments the State party made in the course of
the dialogue with the Committee to improve conditions in places of detention, specifically
by renovating or even constructing some buildings in Gabode central prison, and by
reopening and renovating prisons in the regions. It also takes note of the State party’s
efforts to improve access to health services. However, the Committee remains deeply
concerned about reports, confirmed by the State party, of prison overcrowding, inadequate
hygiene and cleanliness, as well as a lack of water and adequate food. Moreover, the State
party does not distinguish between minors and adults in detention (arts. 11 and 16).
The State party should take urgent measures to bring the conditions of detention in
police stations, prisons and other places of detention into line with the Standard
Minimum Rules for the Treatment of Prisoners, as well as with other relevant
standards, in particular by:
(a)
Reducing prison overcrowding, especially by considering non-custodial
forms of punishment, in accordance with the United Nations Standard Minimum
Rules for Non-custodial Measures (the Tokyo Rules);
(b)
Improving the quality and quantity of food and water provided to
prisoners in pretrial detention, those on trial and convicts;
(c)
Strengthening judicial supervision of conditions of detention;
(d)
Ensuring that minors, whether in pretrial detention or convicted, are
effectively separated from adults, in accordance with the United Nations Standard
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