CAT/C/GAB/CO/1
evidence”. These breaches are serious enough to impede the investigation of complaints of
torture, the taking of evidence of torture, the progress of inquiries and trials, and the
punishment of guilty parties. They may also prevent the parties concerned from fully
enjoying rights set out in the Convention and may hinder the proper administration of
justice. The Committee is also disturbed by the absence of safeguards for the protection of
the effective independence of the judiciary, the obsolete nature of the legislation governing
the conduct of judges, the lack of qualified personnel, the absence of systematic
investigations and the failure to punish judges who commit such breaches, 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 in order to
improve the performance of the judiciary and strengthen its institutional structure;
(b)
Guarantee and strengthen the effective independence of judges, ensure
their security of tenure, improve the legislation governing their conduct, increase the
number and quality of available human-resource capacities and provide judges with
improved training (including in-service training) while taking into account the actual
situation in the State party and the provisions of the Convention; and
(c)
Reinforce the measures in place for countering judicial misconduct,
particularly corruption in all its forms, which may hinder the progress of inquiries
and of independent, impartial and appropriate legal proceedings against perpetrators
of torture and interfere with the conviction of guilty parties. The State party should,
in particular, carry out inquiries, bring guilty parties before the Disciplinary Council
and impose suitable penalties upon them.
Non-refoulement of undocumented foreign nationals
15.
While taking note of the information provided by the State party regarding the
removal of undocumented foreign nationals from Minkébé in June 2011 as provided for in
Gabonese legislation, under which persons may be removed from Gabonese territory if they
undermine public order or national security or have not respected the conditions of their
stay in the country as established by law, the Committee is concerned by the lack of
information on the manner in which these foreign nationals were removed and, in
particular, wishes to know whether the decision to remove them was taken on an individual
or collective basis, whether they had an opportunity to appeal that decision and what the
outcome has been. The Committee is also concerned about the lack of information
concerning the observance of the principle of non-refoulement during the removal of these
foreign nationals. (art. 3)
The State party should ensure that no one, including persons in an irregular situation
who are in Gabonese territory, is expelled, extradited or returned to a State where
there are substantial grounds for believing that he or she would be in danger of being
subjected to torture. It should take all necessary steps to ensure that the principle of
non-refoulement is upheld under all circumstances, including situations similar to
those found in Minkébé, in accordance with its international obligations under article
3 of the Convention, that decisions taken in this regard are arrived at following an
examination of each individual case, rather than on a collective basis, and that the
persons concerned have an opportunity to appeal such decisions.
Training
16.
While taking note of the information furnished by the State party regarding the
training on citizens’ fundamental rights that is provided to law enforcement officers, prison
security staff, police investigators and newly appointed judges, the Committee is concerned
GE.13-40305
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