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 9

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