CAT/C/DJI/CO/1
Minimum Rules for the Administration of Juvenile Justice (the Beijing Rules),
adopted by General Assembly resolution 40/33 of 29 November 1985, and the United
Nations Rules for the Protection of Juveniles Deprived of their Liberty, adopted by
General Assembly resolution 45/113 of 14 December 1990.
Redress, including compensation and rehabilitation
18.
The Committee takes note of the State party’s written assertion that “Djibouti’s laws
and regulations provide the right to redress and fair compensation for any victim of torture”
(CAT/C/DJI/1, para. 181). It remains concerned, however, about the fact that without a
legal definition of torture it remains difficult to provide any redress or fair compensation.
The Committee is also concerned about the scarcity of court decisions awarding
compensation to victims of torture and ill-treatment or their families. It is also concerned
about the absence in Djibouti of rehabilitation programmes for torture victims (art. 14).
The State party should strengthen its efforts to ensure redress for victims of torture
and ill-treatment in the form of fair and adequate compensation and as full
rehabilitation as possible, based on a clear definition of torture in line with article 1 of
the Convention. The State party should also provide details of redress and
compensation ordered by the courts for victims of torture or their families. In
addition, the State party should provide information on any rehabilitation
programmes under way for victims of torture or ill-treatment, and should allocate
sufficient resources to ensure the proper implementation of such programmes.
Training
19.
The Committee takes note of the information included in the State party’s report and
provided during the dialogue with regard to training, seminars and courses on human rights
provided for judges, prosecutors, police and prison officers and members of the military. At
the same time, it notes with concern the information in paragraphs 126 and 130 of the
report concerning the absence of an express prohibition of torture in the training given to
officers of the national police and to civil servants and public and administrative officials
(art. 10).
The State party should further develop and strengthen training programmes to
ensure that all officials, in particular judges and law enforcement, security, army,
intelligence and prison officers, are aware of the provisions of the Convention, and
specifically that they are fully aware of the absolute prohibition of torture and of the
fact that violations of the Convention will not be tolerated, that they will be promptly
and impartially investigated and that the offenders will be prosecuted.
Furthermore, all relevant personnel, including those referred to in article 10 of the
Convention, should receive specific training on how to identify signs of torture and illtreatment. This should specifically include an introduction to the use of the Manual on
the Effective Investigation and Documentation of Torture and Other Cruel, Inhuman
or Degrading Treatment or Punishment (the Istanbul Protocol), published by the
United Nations in 2004. In addition, the State party should assess the effectiveness and
impact of such training and educational programmes.
Confessions obtained under torture
20.
The Committee notes that statements made as a result of torture may not be invoked
in any proceedings, and that they are recognized by the State party as “null and void” or as
contracts “concluded under duress”. However, the Committee remains concerned to note
that the law does not explicitly prohibit the act of obtaining confessions under duress; thus,
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