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 5

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