CAT/C/ATG/CO/1
practice its jurisdiction over cases of torture in compliance with article 5 of the Convention
(art. 5).
32.
The State party should ensure the exercise of universal jurisdiction over
persons responsible for acts of torture. It should also provide information to the
Committee on instances in which the Convention has been invoked in judicial
decisions regarding extradition and universal jurisdiction, in accordance with article 5
of the Convention.
Inadmissibility of statements made as a result of torture
33.
The Committee is concerned at the absence of an express provision in domestic
legislation establishing that evidence obtained through torture or cruel, inhuman or
degrading treatment is inadmissible (art. 15).
34.
The Committee urges the State party to ensure, in law and in practice, that any
statement resulting from torture is not invoked as evidence, and provide necessary
training to the law enforcement and judiciary officials.
Juvenile justice
35.
While welcoming the adoption of the Child Justice Act 2015, the Committee is
concerned that the minimum age of criminal responsibility is 8 years old and that the only
alternative to conviction and imprisonment of juveniles is probation. The Committee is
concerned at reports that juveniles are not detained separately from adults and regrets the
lack of information on the State party’s plan to establish a separate detention facility for
juveniles, as mentioned during the universal periodic review in 2016 (see A/HRC/33/13,
para. 22) (art. 11).
36.
The State party should amend the Child Justice Act 2015 to increase the
minimum age of criminal responsibility. It should also use alternative measures to
conviction and imprisonment for juveniles and ensure that imprisonment is used only
as a measure of last resort for the shortest appropriate period of time, and is in
accordance with the United Nations Rules for the Protection of Juveniles Deprived of
their Liberty (the Havana Rules), as recommended by the Committee on the Rights of
the Child (see CRC/C/ATG/CO/2-4, para. 57). It should also inform the Committee of
the current arrangements for the detention for juveniles, including with regard to the
separation of juveniles from adults in any detention facility.
Violence against women, including domestic and sexual violence
37.
While commending the adoption of the Domestic Violence Act 2015 and the
establishment of the Sexual Offences Unit within the police, the Committee remains
concerned at the wide prevalence of violence against women, including domestic and
sexual violence. It is deeply concerned about reports that two 13-year-old girls were
sexually assaulted by police officers in October 2016. The Committee notes with concern
that the Sexual Offences Act 1995 does not recognize rape within marriage except under
limited circumstances and that numerous cases of violence against women perpetrated by
their spouses remain unpunished (arts. 2, 12, 13 and 16).
38.
The Committee urges the State party to:
(a)
Ensure that all cases of violence against women, including domestic and
sexual violence, are registered by the police and promptly, thoroughly and impartially
investigated and that those accused are prosecuted and, if found guilty, punished with
sanctions proportionate to the gravity of their acts;
(b)
Amend the Sexual Offences Act 1995 to include marital rape, defined as
non-consensual sexual relations between spouses, as a specific criminal offence with
appropriate sanctions;
(c)
Provide specialized training for law enforcement and judicial officials on
dealing with cases of violence against women, including sexual violence against
children, as well as on identifying and providing redress to victims;
7