CAT/C/RWA/CO/2

(b)
The adoption, in 2017, of the National Human Rights Action Plan of Rwanda
(2017–2020);
(c)
The adoption, in 2015, of the Prime Minister’s Order No. 112/03 determining
the organization and functioning of the National Refugee Status Determination Committee;
(d)
The establishment, in 2015, of the Gender Monitoring Office, providing legal
and psychological counselling services to victims of gender-based violence;
(e)
The adoption, in 2014, of a ministerial order outlining standards for judicial
police custody facilities and establishing that children should be separated from adults
during police custody;
(f)

The adoption, in 2014, of the Legal Aid Policy and the Justice for Children

(g)

The adoption of the Anti-Trafficking Action Plan (2014–2017);

Policy;

(h)
The adoption of the Strategic Plan of the Rwandan Correctional Services
(2013–2018), which envisages the construction of new prisons.

C.

Principal subjects of concern and recommendations
Pending follow-up issues from the previous reporting cycle
7.
The Committee regrets the State party’s lack of compliance with the follow-up
procedure and the fact that the majority of the recommendations identified for follow-up in
the previous concluding observations have not yet been implemented, namely
accountability for allegations of torture in the Kami and Kinyinga camps (see
CAT/C/RWA/CO/1, para. 10), closure of any secret or unofficial detention facilities (para.
11), fundamental legal safeguards (para. 12) and accountability for enforced disappearances
(para. 14).
Definition and criminalization of torture
8.
The Committee is concerned that the definition of torture in article 176 of the 2012
Penal Code is not fully in line with that contained in article 1 of the Convention, since it
does not include pain or suffering inflicted at the instigation of, or with the consent or
acquiescence of, a public official or by another person acting in an official capacity. While
noting the State party’s position that officials who consent to the commission of torture
would be considered as accomplices, the Committee remains concerned that the legal
definition of complicity does not expressly include acts of consent or acquiescence. The
Committee is also concerned about the lenient penalties for the crime of torture envisaged
in article 177 of the Penal Code, which could range between six months and two years’
imprisonment, although it appreciates the commitment made by the delegation to increase
the penalties for the crime of torture as part of the current legislative review (arts. 2 and 4).
9.
Taking into account the current legislative review, the Committee recommends
that the State party define the crime of torture in full conformity with article 1 of the
Convention, covering pain or suffering inflicted by a person acting in an official
capacity or inflicted at the instigation of or with the consent or acquiescence of a
public official. The State party should also ensure that this crime is punishable by
appropriate penalties that take into account its grave nature, in accordance with
article 4 (2) of the Convention.
Status and applicability of the Convention
10.
The Committee notes with regret that, following the 2015 amendments to the State
party’s Constitution, the Constitution and organic laws take precedence over international
treaties. It also notes with concern that, despite the efforts to provide training on the
provisions of the Convention, there have been no cases in which the Convention has been
applied by or invoked before domestic courts (arts. 2, 10–12 and 16).

2

Select target paragraph3