CAT/C/QAT/CO/3 C. Principal subjects of concern and recommendations Pending follow-up issues from the previous reporting cycle 6. While noting with appreciation the information provided by the State party on 10 March 2014 under the follow-up procedure (CAT/C/QAT/CO/2/Add.1), the Committee still considers that the recommendations included in paragraphs 10 (fundamental legal safeguards), 14 (complaints and prompt, thorough and impartial investigations) and 19 (violence against women, including domestic violence) of the previous concluding observations (CAT/C/QAT/CO/2) have not yet been implemented (see paras. 13, 23 and 45, respectively, of the present document). Absolute prohibition of torture 7. The Committee is concerned that there is no clear provision in the State party’s legislation to ensure that the prohibition of torture is absolute and non-derogable. It also regrets that the State party continues to maintain a vaguely defined reservation of imprecise scope to articles 1 and 16 of the Convention (arts. 1, 2 (2), 4 and 16). 8. The State party should unambiguously reaffirm the absolute prohibition of torture and publicly announce that anyone committing such acts or being found to be otherwise complicit or acquiescent in torture will be held personally responsible before the law for such acts and will be subject to criminal prosecution and appropriate penalties. In particular, the State party should: (a) Ensure that its legislation reflects the absolute prohibition of torture, in accordance with article 2 (2) of the Convention, which stipulates that no exceptional circumstances whatsoever, whether a state of war or a threat of war, internal political instability or any other public emergency, may be invoked as a justification for torture. The Committee draws the attention of the State party to paragraph 5 of its general comment No. 2 (2007) on the implementation of article 2, in which it states, inter alia, that exceptional circumstances also include any threat of terrorist acts or violent crime, as well as armed conflict, international or non-international. In addition, the Committee states in the same general comment that it rejects any religious or traditional justification that would violate that prohibition; (b) Give further consideration to withdrawing its reservation to articles 1 and 16 of the Convention, in accordance with article 19 of the Vienna Convention on the Law of Treaties. Criminalization of torture 9. While taking note of the explanations offered by the State party’s delegation that the crime of torture carries a minimum penalty of three years’ imprisonment (see arts. 22 and 159 bis of the Criminal Code), the Committee remains concerned that perpetrators of acts of torture may receive a reduced sentence under article 92 of the Criminal Code (arts. 1 and 4). 10. The State party should ensure that the crime of torture is punishable by appropriate penalties that take into account its grave nature, in accordance with article 4 (2) of the Convention. Statute of limitations 11. The Committee is concerned that the crime of torture is subject to a statute of limitations of 10 years, pursuant to article 14 of the Code of Criminal Procedure. 12. The State party should establish that there is no statute of limitations for the offence of torture, in order to preclude any risk of impunity in relation to the investigation of acts of torture and the prosecution and punishment of perpetrators. 2

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