A/67/44
1956 and 1999. The investigations have clarified the circumstances surrounding many of
these violations, including numerous cases of enforced disappearance. They have also led
to the award of compensation in various forms to many of the victims. The Committee
remains, however, concerned by the fact that the Commission’s work was incomplete,
inasmuch as it did not encompass the violations that took place in Western Sahara, and that
some cases of enforced disappearance had yet to be resolved when the Commission brought
its work to a close in 2005. In addition, the Committee is concerned by the fact that the
work of the Commission may have led to the de facto impunity of the perpetrators of
violations of the Convention committed during that period, since none of them has been
prosecuted to date. Finally, the Committee is concerned by reports that not all the victims or
families of victims have received compensation and that in some cases the compensation
awarded has been neither equitably distributed nor adequate or effective (arts. 12, 13 and
14).
The State party should ensure that the National Human Rights Council, which has
been assigned the task of completing the Commission’s work, continues with its efforts
to establish the facts surrounding the cases of enforced disappearance between 1956
and 1999 that have not yet been resolved, including those connected with the situation
in Western Sahara. The State party should also step up its efforts to ensure that
victims of torture and ill-treatment receive redress in the form of equitable, sufficient
compensation and support for as full a rehabilitation as possible. To that end, it
should introduce legal provisions to protect the right of torture victims to equitable
compensation that is commensurate with the harm suffered.
Cooperation with United Nations mechanisms
(30) The Committee recommends that the State party increase its cooperation with
United Nations human rights mechanisms by, inter alia, authorizing visits on the part of
such mechanisms as the Working Group on Arbitrary Detention, the Special Rapporteur on
trafficking in persons, especially women and children, and the Special Rapporteur on the
rights to freedom of peaceful assembly and of association.
(31) The Committee invites the State party to consider acceding to the main human rights
instruments to which it is not yet a party, including the Optional Protocol to the Convention
against Torture, and to the Rome Statute of the International Criminal Court.
(32) The State party is encouraged to ensure the broad circulation of the reports that it
submits to the Committee and the Committee’s concluding observations through official
websites, the media and non-governmental organizations.
(33) The Committee requests the State party to provide it, before 25 November 2012,
with information on the measures undertaken in response to its recommendations on: (1)
providing or strengthening legal safeguards for detainees; (2) conducting prompt, impartial
and effective inquiries; (3) prosecuting suspects and sentencing those found guilty of
torture or ill-treatment; and (4) making the reparations referred to in paragraphs 7, 11, 15
and 28 herein. The Committee also requests the State party to provide it with information
on the measures undertaken in response to the recommendations made in paragraph 8
herein regarding the Anti-Terrorism Act.
(34) The Committee invites the State party to update its common core document of 15
April 2002 (HRI/CORE/1/Add.23/Rev.1 and Corr.1), as necessary, in accordance with the
instructions concerning the common core document contained in the harmonized guidelines
on reporting to the bodies established under international human rights treaties
(HRI/GEN/2/Rev.6).
(35) The Committee invites the State party to submit its fifth periodic report by 25
November 2015 at the latest. The Committee also invites the State party to agree, before 25
GE.12-44492
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