The Committee takes note with satisfaction the existence of the 24-hour hotline for
torture-related complaints, and encourages the State party to further disseminate information on
C. Subjects of concern and recommendations
The Committee remains concerned that despite extensive legislative reforms, impunity
and intimidation still persist in the State party, in particular in relation to the use of excessive
force, including torture and other forms of ill-treatment by law-enforcement officials, especially
prior to and during arrest, during prison riots and in the fight against organized crime (art. 2).
The State party should give higher priority to efforts to promote a culture of human
rights by ensuring that a policy of zero tolerance is developed and implemented at
all levels of the police-force hierarchy as well as for all staff in penitentiary
establishments. Such a policy should identify and address the problems, and should
elaborate a code of conduct for all officials, including those involved in the fight
against organized crime, as well as introduce regular monitoring by an independent
The Committee notes that there is currently an apparent contradiction between articles 17
and 18 (4) of the Constitution, whereby the former stipulates that the right to protection from
torture is non-derogable, whereas article 18 (4) allows for the derogation of certain rights (art. 2).
The State party should bring article 18 (4) of its Constitution in line with the
Convention. The Committee further recommends that any exceptional measures
adopted during emergencies are in line with the provisions of the Convention.
The Committee is concerned about compliance by the State party with article 3 of the
Convention, in particular the use of diplomatic assurances in adjudicating requests for
refoulement, extradition and expulsion of persons accused of criminal activities (art. 3).
The State party should consider each case on its individual merit and should resort
to the practice of requesting diplomatic assurances with great caution. The State
party should provide the Committee with details on how many cases of refoulement,
extradition and expulsion subject to receipt of diplomatic assurances or guarantee
have occurred since 2002, what the State party’s minimum contents are for such
assurances or guarantees, and what measures of subsequent monitoring it has
undertaken in such cases.
The Committee is also concerned about the relatively low number of convictions and
disciplinary measures imposed on law-enforcement officials in the light of numerous allegations
of torture and other acts of cruel and inhuman or degrading treatment, as well as the lack of
public information about such cases (art. 4).
The State party should strengthen its investigative capacity, including that of the
Prosecutor-General’s office, in order to promptly and thoroughly examine all
allegations of torture and ill-treatment and to ensure that statistics on convictions
and disciplinary measures be regularly published and made available to the public.