A/69/44
particularly in the local courts. The Committee also notes the absence of safeguards for the
protection of the independence of the judiciary, all of which may hamper the effective
administration of justice as a means of combating torture (art. 2).
The State party should:
(a)
Pursue the reform of the judicial system that it has initiated and take
appropriate measures to increase the number and quality of the available judicial and
prosecutorial capacity;
(b)
Reinforce the measures in place for countering police and judicial
misconduct, particularly corrupt practices in all their forms, which may hinder the
progress of investigations and the proper functioning of an independent, impartial
and appropriate legal and judicial system;
(c)
Carry out investigations, bring perpetrators to justice and, in the case of
convictions, impose adequate penalties;
(d)
Guarantee and protect the independence of the judiciary, ensure their
security of tenure, improve the legislation governing their conduct, and provide
judges with continuous professional development training, including in judicial
conduct and the Convention, in line with the Basic Principles on the Independence of
the Judiciary (see General Assembly resolutions 40/32 and 40/146).
Superior orders and command responsibility
(19) While taking note of the statement in the State report that the rules governing public
officials do not preclude officers from liability for torture if they invoke superior orders as a
defence (CAT/C/SLE/1, para. 41), the Committee remains concerned at the lack of clarity
regarding the existence of mechanisms that offer subordinates who refuse to obey such an
order protection against retaliation by superior officers. The Committee is also concerned at
the lack of information on whether or not the principle of command or superior
responsibility for acts of torture committed by subordinates is recognized in domestic laws
(arts. 1 and 2).
In the light of the Committee’s general comment No. 2, the State party should
establish, both in law and in practice:
(a)
The right of all law enforcement officials to refuse, as subordinates, to
execute an order from their superior officers that would result in contravention of the
Convention;
(b)
Mechanisms to protect subordinates from reprisals if they refuse to
carry out an order from a superior that is in breach of the Convention;
(c)
The criminal responsibility of those exercising superior authority for
acts of torture or ill-treatment committed by subordinates where they knew or should
have known that such impermissible conduct was, or was likely, to occur, yet took no
reasonable and necessary preventive measures.
Non-refoulement
(20) While welcoming the fact that the Refugees Protection Act 2007 bars the
“refoulement” of refugees and their families if there are substantial grounds for believing
that they would be in danger of being subjected to torture, the Committee notes with
concern that the Extradition Act 1974 does not explicitly recognize this principle. Although
the decision to extradite is subject to judicial review, there is no legal obligation to assess
the situation of the applicant with regard to the risk of torture in the country of destination.
The Committee is also concerned at the lack of sufficient financial support provided to the
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GE.14-12596
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