A/68/44
the right to be examined by an independent doctor is not systematically observed. The
Committee remains deeply concerned about the practice known as retour de parquet, which
prolongs the custody of persons who have already been brought before the prosecutor and
violates the right of detainees to be brought promptly before a judge. The Committee also
notes that there is a shortage of lawyers in Senegal, especially in the more remote parts of
the country (arts. 2, 11 and 12).
The State party should:
(a)
Take effective steps without delay to ensure that all detainees enjoy, de
jure and de facto, all legal safeguards from the moment they are deprived of liberty,
particularly the rights to be informed of the reasons for their arrest, including the
charges against them; to have prompt access to a lawyer and, if necessary, to legal aid;
to be examined by an independent doctor; to notify a relative, and to be brought
promptly before a judge;
(b)
Provide the judicial system with additional financial and human
resources with a view to ending the practice known as retour de parquet and reducing
the time taken to bring cases to court;
(c)
Take the necessary steps to increase the resources allocated to the Bar
Association, with a view to guaranteeing access to legal assistance for the most
deprived. The Committee notes the delegation’s statement that discussions will be
organized on the question of allowing a lawyer to intervene from the very start of
deprivation of liberty, and requests the State party to include information on the
immediate measures to be taken to this end.
Investigations and impunity
(11) The Committee is concerned about allegations that torture and ill-treatment by lawenforcement officers have not been investigated or prosecuted. The Committee is also
concerned that, in cases where investigations have been initiated, they have not been
undertaken promptly and the judicial procedures remain excessively long and drawn out,
including in cases where torture has led to death, as in the cases of Mr. Dominique Lopy,
Mr. Alioune Badara Diop, Mr. Abdoulaye Wade Yinghou, Mr. Mamadou Bakhoum and
Mr. Fally Keïta. While noting that victims of ill-treatment or torture can take their case
directly to the Indictments Chamber of the Court of Appeal, the Committee is concerned at
the lack of an independent body to investigate allegations of torture or ill-treatment by lawenforcement officers. Moreover, the Committee remains concerned about allegations of
murder in Casamance that have not yet led to convictions (arts. 2, 11, 12, 13 and 16).
The State party should:
(a)
Take practical measures to speed up investigations and criminal
prosecutions under way for alleged acts of torture and ill-treatment, which, if
substantiated, should lead to sanctions and penalties that take into account their grave
nature and do not class them as some other less serious offence;
(b)
In order to ensure that thorough, prompt and impartial investigations
are undertaken, set up an independent, impartial body to investigate allegations of
torture and ill-treatment by members of the security forces;
(c)
In addition to information on the individual cases mentioned above,
provide information requested by the Committee on the number of complaints filed
against public servants allegedly suspected of using torture or ill-treatment, as well as
information on the outcomes of the ensuing investigations and on any criminal or
disciplinary proceedings instigated as a result;
70
GE.13-46043
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