CAT/C/CR/32/5
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B. Positive aspects
4.
The Committee notes the following positive developments:
(a)
The introduction of the offence of torture in domestic criminal law;
(b)
The comprehensive reform of the Code of Criminal Procedure, and in particular
the changes aimed at improving the protection of detainees;
(c)
The establishment of the Office of the Public Criminal Defender, and of the
Office of the Public Prosecutor;
(d)
The abolition of provision for arrest on suspicion;
(e)
of 24 hours;
The reduction in the period of detention in police custody to a maximum
(f)
Assurances by the representatives of the State party that the Convention is
directly applicable by the courts;
(g)
The establishment of the National Commission on Political Imprisonment and
Torture to identify persons who were deprived of freedom and tortured for political reasons
during the military dictatorship, and the assurances by the representative of the State party that
its tenure would be extended to permit it to complete its work;
(h)
Assurances by the representatives of the State party that mechanisms have been
created to ensure that any testimony obtained under torture will not be admissible in court, and
their recognition of the serious problem of coercing confessions from women who seek
life-saving treatment in public hospitals after illegal abortions;
(i)
Confirmation that non-governmental organizations are allowed regularly to visit
places of detention;
(j)
The declarations under articles 21 and 22 of the Convention, enabling other States
parties (art. 21) and individuals (art. 22) to submit complaints concerning the State party to the
Committee;
(k)
Notification by the representatives of the State party that the process of
ratification of the Optional Protocol to the Convention against Torture has been initiated.
C. Factors and difficulties impeding the application of the Convention
5.
The constitutional arrangements made as part of the political agreement that facilitated
the transition from military dictatorship to democracy jeopardize the full exercise of certain
fundamental human rights, according to the State party’s report. While being aware of the
political dimensions of these arrangements and their shortcomings, and noting that several
Governments have previously submitted constitutional amendments to the Congress, the
Committee stresses that internal political constraints cannot serve as a justification for
non-compliance by the State party with its obligations under the Convention.