CAT/C/RWA/CO/1
seek and obtain prompt, fair and adequate compensation, including in cases where the
civil liability of the State party is involved. The State party should provide the
Committee with statistical data on cases in which the State party has provided
compensation to victims of torture or ill-treatment, as well as the amount of the
compensation.
Coerced confessions
23.
While noting information in the State party’s report that evidence obtained through
torture or any cruel or degrading method is prohibited, the Committee is concerned about
reports that individuals charged with threatening national security and detained at Kami or
Mukamira military camps as well as in “safehouses” in Kigali had made confessions due to
beatings and torture. The Committee is particularly concerned that judges did not require
investigations into such cases but placed the burden of proof on the persons charged (art.
15).
The State party should ensure that confessions, statements and evidence obtained as a
result of torture or ill-treatment are not invoked as evidence in any proceedings,
except against a person accused of torture as evidence that the statement was made.
The State party should investigate confessions obtained through torture, and
prosecute and punish those responsible. It should review criminal convictions based
solely on confessions in order to identify instances of wrongful convictions based on
evidence obtained through torture or ill-treatment, and take appropriate remedial
measures and inform the Committee on its findings.
National Commission for Human Rights
24.
While welcoming the delegation’s explanations on the activities of the National
Commission for Human Rights, the Committee is concerned about the reported lack of
effective independence of the Commission and the insufficiency of financial and human
resources necessary to enable it to adequately fulfil its mandate (art. 2).
The State party should take appropriate measures to guarantee, in practice, the
independence of the National Commission for Human Rights and provide it with
adequate financial and human resources to enable it to effectively fulfil its mandate, in
full conformity with the Principles relating to the Status of National Institutions (the
Paris Principles).
25.
The Committee recommends that the State party consider ratifying the Optional
Protocol to the Convention against Torture and Other Cruel, Inhuman or Degrading
Treatment or Punishment as soon as possible.
26.
The Committee recommends that the State party consider making the declarations
envisaged under articles 21 and 22 of the Convention in order to recognize the competence
of the Committee to receive and consider communications.
27.
The State party is requested to widely disseminate the report submitted to the
Committee as well as the present concluding observations, in appropriate languages,
through official websites, the media and non-governmental organizations.
28.
The State party is invited to submit the common core document in accordance with
the requirements of the common core document contained in the harmonized Guidelines on
reporting under the international human rights treaties (HRI/GEN.2/Rev.6) approved by the
inter-committee meeting of the human rights treaty bodies and to observe the page limit of
80 pages for said common core document.
29.
The Committee requests the State party to provide by 1 June 2013 follow-up
information in response to the Committee’s recommendations with regard to (i) conducting
prompt, impartial and effective investigations; (ii) prosecuting suspects and sanctioning
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