A/69/44
Non-refoulement
(24) The Committee regrets the absence of legislation concerning guarantees of nonrefoulement of persons to countries where they face a real risk of being subjected to torture.
It also regrets the lack of information and statistics on the number of asylum requests,
refugees and forced expulsions (art. 3).
The State party should:
(a)
Ensure that the Legislative Reform Commission introduces into the
legislative texts under revision, in accordance with article 3 of the Convention, the
principle of non-refoulement as well as the right to an appeal with suspensive effect
against a decision of expulsion; the State party should also respect all guarantees in
the context of asylum and expulsion procedures pending the outcome of appeals;
(b)
Respect the principle of non-refoulement in accordance with article 3 of
the Convention and the obligation to check whether there are substantial grounds for
believing that the asylum seeker would be in danger of being subjected to torture or
ill-treatment if expelled, in particular by systematically conducting individual
interviews to evaluate the personal risk incurred by applicants.
Death penalty
(25) While taking note of the decision taken in 2002 by the Government of Guinea to
establish a moratorium on the death penalty, the Committee regrets that capital punishment
has not been abolished and that the Criminal Code still contains frequent provision for it.
The Committee also notes with great regret reports that 28 convicted prisoners are still
being held on death row (arts. 2 and 16).
The State party should:
(a)
Ensure that the Legislative Reform Commission abolishes the death
penalty in all legislation;
(b)
Ensure that all persons held on death row are afforded the protection
provided for under the Convention and are treated humanely;
(c)
Ratify the Optional Protocol to the Convention and the Second Optional
Protocol to the International Covenant on Civil and Political Rights, aiming at the
abolition of the death penalty.
National Human Rights Commission
(26) Notwithstanding the considerable effort made by the State party towards adopting a
law establishing a National Human Rights Commission, the Committee regrets the length
of time that the implementation process has taken (art. 2).
The State party should adopt without delay an act establishing a National Human
Rights Commission and provide it with the necessary human and financial resources
to enable it to fulfil its mandate in an effective and independent manner, in conformity
with the Principles Relating to the Status of National Institutions for the Promotion
and Protection of Human Rights (the Paris Principles) (General Assembly resolution
48/134 of 20 December 1993).
Data collection
(27) The Committee regrets the absence of comprehensive, disaggregated data on
complaints, investigations, prosecutions and convictions in cases of torture and ill-treatment
attributed to law enforcement personnel. The Committee also regrets the lack of data on
physical and sexual violence against girls and women, domestic violence, female genital
110
GE.14-12596
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