A/69/44 Use of confessions obtained as a result of torture (24) While taking note of the adoption of the Act of 24 October 2013, which amends the Code of Criminal Procedure with regard to the invalidity of evidence obtained improperly, the Committee remains concerned that the Act does not contain an explicit provision on the inadmissibility of evidence obtained as a result of torture (art. 15). The Committee urges the State party to amend its legislation so that statements obtained as a result of torture or ill-treatment may not be used or invoked as evidence in any proceedings, except as evidence against the person accused of torture. Administration of juvenile justice (25) The Committee continues to be concerned that, under the law, children aged 16 to 18 who are in conflict with the law may be tried as adults and, if convicted, held in prisons for adults. The Committee is also concerned by the sluggishness of certain judicial procedures (art. 11). The Committee recalls its previous recommendation (CAT/C/BEL/CO/2, para. 17) and requests the State party to establish a system of juvenile justice that fully conforms to the provisions of the Convention on the Rights of the Child, in law and in practice, and to ensure that persons under the age of 18 are not tried as adults. The Committee recommends that the State party take the necessary steps to speed up judicial procedures. Use of electroshock weapons (26) Despite the State party’s clarifications concerning current legislation on the use of force by the police and concerning the rules and conditions for the use of Tasers by police officers, the Committee remains concerned by the fact that the use of such weapons is not subject to thorough supervision (arts. 2, 11 and 16). The State party should ensure that electroshock weapons are used only under extreme circumstances as an alternative to lethal weapons, as, for example when there is a real and immediate threat to life or a risk of serious injury. The State party should also ensure that these weapons are only used by duly qualified personnel. The Committee is of the opinion that the use of electroshock weapons should be subject to the principles of necessity and proportionality and should not be a permissible part of the equipment provided to warders in prisons and other places of deprivation of liberty. The Committee recommends that the State party strictly supervise and monitor the use of these weapons and step up its efforts to ensure observance of the rules and conditions for their use by law enforcement officials. Corporal punishment (27) While taking note of the awareness-raising campaigns organized to prevent violence against children, the Committee notes with concern that the State party has not yet adopted specific legislation expressly prohibiting corporal punishment under all circumstances, particularly in the family and non-institutional childcare settings (arts. 2 and 16). The Committee recommends that the State party expressly prohibit corporal punishment of children in all settings, and, as a matter of priority, in the family and non-institutional childcare settings. Other issues (28) The Committee invites the State party to ratify the core United Nations human rights treaties to which it is not yet a party, including the International Convention on the Protection of the Rights of All Migrant Workers and Members of Their Families and the Optional Protocol to the International Covenant on Economic, Social and Cultural Rights. 24 GE.14-12596

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