A/67/44
mandate effectively and independently, in accordance with the Paris Principles (annex
to General Assembly resolution 48/134 of 20 December 1993).
National preventive mechanism
(15) The Committee takes note with interest of the information supplied by the
delegation of the State party on the efforts under way to operationalize the national
preventive mechanism established by Act No. 4288. Nonetheless, the Committee notes with
concern that the State party’s national preventive mechanism should have been established
in 2007 and is still not operational.
The State party should speed up the implementation of the law establishing the
national preventive mechanism, in particular by forming the selection body provided
for by this law soon. The State party should ensure that this mechanism has the
human, material and financial resources it needs to carry out its mandate
independently and effectively throughout the country.
Prevention and eradication of corruption
(16) The Committee is deeply concerned about repeated allegations of widespread
corruption in the prison system and police force in the State party. It has been alleged that
persons deprived of their liberty have to bribe public officials in order to receive medical
treatment or food or to receive visits. The Committee is also concerned about the
unjustified granting of benefits to certain individuals deprived of their liberty that occurs as
a result of corruption. The Committee notes with regret that the State party has not provided
information on these issues (arts. 2, 10 and 12).
The State party should take immediate and urgent measures to eradicate corruption
in the police force and prison system, which is an obstacle to the effective
implementation of the Convention. These measures should include audits to identify
corrupt behaviour and risks of corruption, as well as recommendations on how to
ensure internal and external controls. The State party should also increase its capacity
to investigate and try cases of corruption. In addition, the State party should organize
training, awareness-raising and capacity-building programmes on fighting corruption
and on the relevant professional codes of ethics, for police and other law enforcement
officers, prosecutors and judges, and it should establish, de facto and de jure, effective
mechanisms to ensure transparency in the conduct of public officials. The Committee
requests the State party to keep it informed of any steps taken and any difficulties
encountered in the fight against corruption. The Committee also requests the State
party to supply information on the number of State officials, including senior officials,
who have been tried and punished for corruption.
Non-refoulement
(17) The Committee is concerned about the allegations received concerning extraditions
carried out by the State party without it having examined the risk of the person extradited
being tortured in the receiving country. The Committee is also concerned about the lack of
specific training for members of the judiciary regarding the scope of article 3 of the
Convention (art. 3).
The State party should formulate and adopt legal provisions to incorporate article 3 of
the Convention into its domestic law and ensure that the provisions of that article are
applied in cases of expulsion, refoulement or extradition of foreign citizens. Under no
circumstances should the State party expel, return or extradite a person to another
State where there are substantial grounds for believing that he or she would be in
certain danger of being subjected to torture or ill-treatment.
78
GE.12-44492
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