CAT/C/BFA/CO/1
(a)
Step up its efforts to ensure the proper functioning of the juvenile justice
system through the allocation of adequate human and financial resources and the
training of qualified staff;
(b)
Ensure that minors are detained only as a last resort and for the shortest
possible period and use non-custodial measures for minors who are in conflict with
the law; and
(c)
Ensure, furthermore, that minors who are deprived of their liberty are
afforded full legal safeguards and, if convicted, are held separately from adults in all
prisons throughout the country, in the light of the United Nations Standard Minimum
Rules for the Administration of Juvenile Justice (the Beijing Rules) and the United
Nations Guidelines for the Prevention of Juvenile Delinquency (the Riyadh
Guidelines).
Death penalty
24.
While it notes that the State party has not applied the death penalty since 1988 and
that an official moratorium has been in effect since 2007, the Committee regrets that the
abolition of the death penalty has not yet been formally embodied in the law and that,
according to non-governmental sources, at least 10 prisoners are on death row (arts. 2 and
16).
The Committee encourages the State party to continue to make the public aware of
this issue and to consider the possibility of abolishing the death penalty and ratifying
the Second Optional Protocol to the International Covenant on Civil and Political
Rights, aiming at the abolition of the death penalty.
Situation of refugees
25.
While it appreciates the efforts of the State party to host a large number of refugees,
particularly Malian refugees who arrived following the outbreak of conflict in their country,
the Committee nevertheless remains concerned because the Appeals Committee, which
should offer asylum seekers the opportunity to appeal against adverse decisions, is not yet
operational. It also remains concerned by the fact that persons can be refused refugee status
if they are accused of lesser offences or of serious crimes. The Committee also notes with
regret the difficulties that refugees trying to enter the job market face, notwithstanding the
efforts made by the State party (arts. 2, 3 and 16).
The State party should expedite efforts to allow the Appeals Committee to operate
effectively in order to enable asylum seekers to exercise their rights and thus to
prevent any possible abuses. Where an asylum seeker is in conflict with the law, the
State party should initiate the necessary investigation and prosecution procedures
while at the same time considering the applicant’s request for international protection
in accordance with the Convention relating to the Status of Refugees. The State party
should also ensure that the 2008 Act on the rights of refugees, including the right to
work, is enforced and should continue to raise public awareness in this regard.
Mob justice
26.
The Committee remains concerned by reports of mob attacks against thieves and
other alleged offenders by members of the general public, presumably due to a lack of
confidence in the judicial system. The Committee is particularly concerned by reports that
such mob attacks have resulted in the death of alleged offenders and, in some cases, have
taken place in front of police officers (arts. 2 and 16).
GE.14-40035
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