CAT/C/MRT/CO/1
the gravity of the offences committed, in line with the commitment made by the State
party during the universal periodic review in November 2010;
(b)
Introduce a provision in the Criminal Code establishing that the crime of
torture is not subject to any statute of limitation;
(c)
Provide the Committee with detailed information on the investigations
conducted into the death of Hassane Ould Brahim in October 2012 in the Dar Naïm
prison, and on their follow-up.
Amnesties and impunity
19.
The Committee is concerned about the fact that Act No. 92-93 of 14 June 1993
provides a blanket amnesty to members of the Armed Forces and security forces. In
particular, the Committee remains concerned about the approach adopted by the State party
(the nature of which was confirmed by its delegation) in dealing with the demands of
victims and their dependants who, rather than availing themselves of the compensation
provided for in that law, prefer to bring civil indemnification proceedings, which the State
party considers to be ill-advised (arts. 2, 12, 13 and 14).
With reference to its general comment No. 3 (2012) (CAT/C/GC/3), the Committee
recommends that the State party:
(a)
Amend the Amnesty Act (Act No. 92-93) and take all necessary steps to
combat impunity with respect to acts of torture by, inter alia, making effective
remedies available to victims and their dependants;
(b)
Ensure that victims and their relatives who seek reparation are
protected from reprisals and intimidation.
Redress and rehabilitation for victims of torture
20.
The Committee is concerned about the fact that existing legislation does not contain
any guarantees of redress for the harm caused to victims of torture. The Committee is
further concerned that some forms of redress of religious origin, such as qisas, which is
based on the principle of retaliation and is provided for in articles 285 and 286 of the
Criminal Code, constitute acts of torture or cruel, inhuman or degrading treatment (arts. 2,
12, 13, 14 and 16).
The State party should:
(a)
Adopt legislative and administrative measures to ensure that victims of
torture and ill-treatment obtain redress, including restitution, compensation,
rehabilitation, satisfaction and guarantees of non-repetition, and introduce these into
its body of criminal law;
(b)
Amend the Criminal Code to remove references to qisas penalties. In this
regard, the Committee draws the attention of the State party to its recently adopted
general comment No. 3 (2012) on article 14 of the Convention, which explains and
clarifies the content and scope of the obligations of States parties with regard to the
full redress to which victims of torture are entitled.
Application of the prohibition of slavery-like practices
21.
While noting that the State party’s delegation has informed the Committee that the
judicial authorities of the State party are currently considering 15 cases involving
allegations of slavery that would fall under Act No. 2007-048 of 3 September 2007, which
classifies slavery as a criminal offence and provides for the suppression of slavery-like
practices, the Committee regrets that no statistics are available on the nature and scale of
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