CAT/C/MRT/CO/1
(c)
Ensure that asylum seekers are held in detention only as a last resort
and, if this becomes necessary, that they are held for as short a time as possible and
that use is made of alternatives to detention whenever feasible;
(d)
Issue identity documents to Mauritanians who were expelled in the past
and then repatriated, as well as to their family members.
Training
17.
While noting that many training sessions dealing with human rights and other
subjects are organized for members of the security services, the Committee is concerned by
the absence of training on the Convention against Torture, and particularly regarding the
absolute prohibition of torture, for police officers, gendarmes, criminal investigation police,
prison guards and law enforcement personnel such as judges, prosecutors and lawyers. It is
also concerned by the fact that the guidelines set out in the Manual on Effective
Investigation and Documentation of Torture and Other Cruel, Inhuman or Degrading
Treatment or Punishment (the Istanbul Protocol, 1999) are not systematically followed in
investigations into cases of torture or ill-treatment (art. 10).
The Committee recommends that the State party:
(a)
Establish training programmes and develop modules on human rights to
ensure that security and law enforcement personnel are fully aware of the provisions
of the Convention and particularly of the absolute prohibition of torture;
(b)
Provide training in respect of the Istanbul Protocol on a regular and
systematic basis to medical personnel, forensic doctors, judges, prosecutors and all
other persons involved in the custody, interrogation or treatment of any individual
who is arrested, detained or imprisoned, as well as to anyone else involved in
investigations into cases of torture;
(c)
Develop and apply a methodology for evaluating the effectiveness of
educational and training programmes dealing with the Convention against Torture
and the Istanbul Protocol and for assessing their impact in helping to reduce the
number of cases of torture or ill-treatment.
Investigations
18.
The Committee is deeply concerned by the fact that information on the prosecution
of persons who have committed acts of torture has not been made available. It is also
concerned about the conspicuous absence of statistics on the number of criminal charges of
torture that have been brought, the investigations undertaken into complaints of torture and
the convictions obtained in such cases, inasmuch as this suggests that no court has as yet
been able to apply the provisions of the Convention because there is no law that defines
torture as a criminal offence or that sets out punishments for acts of torture. The Committee
is also concerned by the reports it has received that the State party’s authorities have been
slow to investigate claims that acts of torture were committed in 2011 and 2012 in
Nouakchott, Kaédi and Ould Yengé. The Committee is also deeply concerned by the scant
information on the case of Hassane Ould Brahim, who was being held in the Dar Naïm
prison in Nouakchott and who is said to have died in October 2012 after having been
tortured by prison guards (arts. 12 and 13).
The State party should:
(a)
Put an end to torture and to inhuman and degrading treatment, and
ensure that allegations of torture, ill-treatment or excessive use of force by police or
security forces are promptly investigated, that the persons concerned are prosecuted
and convicted, as applicable, and that the penalties imposed are commensurate with
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