CAT/C/RWA/CO/2
11.
The Committee recommends that the State party revise the amended
Constitutional provision to ensure that the Convention takes precedence over
domestic law. The State party should also encourage the direct application of the
Convention by domestic courts.
Non-derogability of the prohibition of torture
12.
The Committee notes with concern that the criminal legislation does not exclude the
application of statutes of limitations, amnesties, plea agreements or presidential pardons to
the crime of torture, and that it gives the prosecutor excessive discretion to pursue an
amicable settlement or to accept a fine as an alternative to prosecuting alleged perpetrators
of torture (arts. 2 (2) and 12).
13.
The Committee urges the State party to make the necessary legislative
amendments to exclude the application of statutes of limitations, amnesties,
presidential pardons and plea agreements to the crime of torture, as well as to other
similar provisions leading to impunity for acts of torture. The Committee draws
attention to paragraph 5 of its general comment No. 2 (2007) on the implementation of
article 2, in which it states that amnesties or other impediments which preclude or
indicate unwillingness to provide prompt and fair prosecution and punishment of
perpetrators of torture or ill-treatment violate the principle of non-derogability.
Fundamental legal safeguards
14.
While taking note of the procedural safeguards for detainees set out in the Code of
Criminal Procedure, the Committee notes with concern that the right to have access to a
medical examination is not yet enshrined in legislation and is applied “whenever the
prosecutor is convinced that this should be done”, according to the delegation’s response.
The Committee is also concerned at the broad five-day period during which detainees can
be held in police custody, and the additional five days before they are brought before a
judge. As regards children in conflict with the law, the Committee notes with concern that
they can be legally held in police custody for as long as 72 hours. The Committee
welcomes the adoption of the Legal Aid Policy and the legislative process to establish an
act on legal aid but expresses concern at the reported difficulties to access an ex officio
lawyer during the investigation phase. It is also concerned over reports of harassment of
lawyers working on politically sensitive cases, although it notes the delegation’s categorical
statement claiming that there are no such cases in Rwanda. Finally, and while appreciating
the establishment of the Integrated Electronic Case Management System, the Committee
expresses concern over consistent reports that the period of police custody is still not well
recorded and does not take into account the detention period in military facilities (art. 2).
15.
Following the commitment made during the constructive dialogue with the
Committee, the State party should make the necessary legislative and other
amendments to guarantee, in law and in practice, that all detained persons, including
those held by intelligence services and the military, are afforded all the fundamental
legal safeguards from the outset of their deprivation of liberty. The State party should
monitor the provision of such safeguards to persons deprived of their liberty and
should ensure that any official who fails to provide them in practice is subjected to
disciplinary or other appropriate punishment. These safeguards should include, in
particular, the right to:
(a)
Request and receive a medical examination by a qualified and
independent medical doctor. The State party should ensure that doctors report signs
and allegations of torture or ill-treatment confidentially and without fear of reprisals
to an independent investigating authority;
(b)
Be brought before a judge within 48 hours of their apprehension, unless
there are exceptional circumstances duly supported with actual justifying evidence,
and within 24 hours in the case of detained juveniles;
(c)
Have prompt and confidential access to a qualified and independent
lawyer, and to free legal aid when needed, particularly during investigation and
questioning. The State party should accelerate the adoption of an act on legal aid and
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