A/67/44
(b)
The establishment, by Decree No. 2290 of 2009, of the Human Rights
Network of the Executive Branch to coordinate human rights policies, plans and
programmes;
(c)
The publication in August 2008 of the final report, Anivé Haguä Oiko (Lest it
happen again), of the Truth and Justice Commission, with the outcome of investigations
into human rights violations in Paraguay in the period 1954–2003;
(d)
The establishment, by Decree No. 5093 of 2005, of the Inter-Agency Board
on Trafficking in Persons in the Republic of Paraguay to draw up public policy on that
activity;
(e)
The appointment, by Resolution No. 768 of the Chamber of Deputies in
October 2001, of an ombudsman, whose office now has branches in a number of
Paraguayan cities;
(f)
The preparation by the State party, following a participatory process, of a
national action plan for human rights.
C.
Principal subjects of concern and recommendations
Definition and offence of torture
(10) The Committee notes that a bill has been drafted to amend the current legal
definition of torture. However, it regrets that, despite its own previous recommendations
and those of various regional and international human rights mechanisms, the offence of
torture is still not defined in the State party’s Criminal Code in accordance with the
definition in article 1 of the Convention (arts. 1 and 4).
The Committee reiterates its earlier recommendation (A/55/44, para. 151) that the
State party should adopt a definition of torture that covers all the elements contained
in article 1 of the Convention. The State party should also ensure that such offences
are punishable by appropriate penalties which take into account their grave nature, in
accordance with article 4, paragraph 2, of the Convention.
Fundamental legal safeguards
(11) The Committee is concerned that many of the human rights of persons deprived of
their liberty, including minors, as set out in Paraguayan legislation, are not observed in
practice. In particular, the Committee expresses concern at the lack of mechanisms to give
effect to the right of persons deprived of their liberty to legal assistance from the very start
of detention and to independent medical examinations, and their right to notify a relative or
trusted individual of their detention and to be informed of their rights and the grounds for
arrest at the time of detention. With regard to habeas corpus, the Committee is concerned
by information it has received that habeas corpus petitions can take 30 days to be resolved.
As regards medical examinations at the start of detention, the Committee is concerned that
these are not routinely carried out and that they take place in the presence of police officers.
It is also concerned by reports that persons deprived of liberty are held in police custody for
long periods without being properly registered and that a large number of police stations do
not, in practice, comply with the rules on registration procedures for detainees. In general,
the Committee expresses concern at the statement by the delegation from the State party
that there are problems with the nationwide implementation of Decision No. 176/2010 of
the Office of the National Police Commander, ordering the introduction of a registration
system in police stations (arts. 2, 11 and 12).
The State party should take prompt and effective action to ensure that all detainees
benefit in practice from all fundamental legal safeguards from the time of their
detention. The State party should guarantee that, in practice, all detainees are
informed immediately of the reason for their detention and of their rights, and that
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GE.12-44492
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