CAT/C/TGO/CO/2
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
guards, criminal investigation police and prison guards and law enforcement
personnel such as judges, prosecutors, magistrates, prefects, subprefects and lawyers
are fully informed of the provisions of the Convention, particularly the absolute
prohibition of torture;
(b)
Provide regular and systematic training on the Istanbul Protocol to
medical personnel, forensic doctors, judges, prosecutors and all persons involved in
the custody, interrogation and treatment of any individual subjected to arrest,
detention or imprisonment, as well as to anyone else involved in investigations into
cases of torture;
(c)
Draft and implement a methodology for the effective evaluation of
education and training programmes on the Convention against Torture and the
Istanbul Protocol and their impact on reducing the number of cases of torture and illtreatment.
Redress and rehabilitation of victims of torture
18.
The Committee is concerned that the current criminal legislation does not contain
any provisions guaranteeing redress for damage caused to victims of torture. Similarly,
there is no procedure in place to request redress for damages resulting from acts of torture.
The Committee is also concerned that the only request for redress to date was made by the
alleged organizers of the attempted coup, for whom redress was recommended in the report
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