A/68/44
concerned by the incidence of violence against women, including marital rape, as well as
female genital mutilation and sexual abuse of women in prison. The Committee is
concerned by the insufficient progress made in reducing trafficking in persons, especially
women and girls, in particular for the purpose of sexual exploitation (arts. 2 and 16).
The State party should:
(a)
Draft and adopt, as a matter of priority, comprehensive legislation on
violence against women, making acts of sexual violence, including marital rape, and
domestic violence offences in their own right in the new Criminal Code;
(b)
Strengthen efforts to prevent violence against women, including
domestic violence, female genital mutilation, violence in prison and trafficking in
women and girls, particularly for the purpose of sexual exploitation, and encourage
victims to press charges;
(c)
Duly investigate, prosecute and, where applicable, punish perpetrators;
(d)
Train judges, prosecutors and police officers on the strict application of
the law prohibiting female genital mutilation and provide statistics on the number of
complaints, investigations, prosecutions and convictions linked to violence against
women and female genital mutilation;
(e)
Conduct nationwide public awareness campaigns to publicize the
prohibition of female genital mutilation.
Non-refoulement
(16) The Committee regrets that incomplete information was provided in the report on
the procedures and measures introduced by the State party to fulfil its obligation of
complying with the principle of non-refoulement pursuant to article 3 of the Convention
(art. 3).
The Committee recommends that the State party should:
(a)
Respect the principle of non-refoulement in accordance with article 3 of
the Convention, and in particular 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, including by systematically
conducting individual interviews to evaluate the personal risk incurred by applicants;
(b)
Introduce in the Criminal Code the right to an appeal with suspensive
effect against expulsion decisions, and respect all guarantees in the context of asylum
and expulsion procedures pending the outcome of appeals.
Training on the prohibition of torture
(17) While noting the many training sessions organized for members of the security
services, including in the area of human rights, the Committee is concerned by the absence
of training on the Convention against Torture, and in particular the absolute prohibition of
torture, for police officers, gendarmes, prefectural guards, criminal investigation police,
prison guards and law enforcement personnel such as judges, prosecutors, magistrates,
prefects, subprefects and lawyers. It is also concerned that the Manual on Effective
Investigation and Documentation of Torture and Other Cruel, Inhuman or Degrading
Treatment or Punishment (the Istanbul Protocol) is not systematically followed in
investigations into cases of torture or ill-treatment (art. 10).
The Committee recommends that the State party should:
(a)
Implement training programmes and prepare modules on human rights
to ensure that security personnel such as police officers, gendarmes, prefectural
GE.13-46043
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