CAT/C/CR/31/6
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(b)
The period of police custody may, under the draft code of criminal procedure, be
extended by 24 hours for every 50 kilometres of distance between the place of arrest and the
place of custody;
(c)
The time limits on custody are reportedly not respected in practice;
(d)
The periods of police custody under Act No. 90/054 of 19 December 1990 to
combat highway robbery (15 days, renewable) and Act No. 90/047 of 19 December 1990 on
states of emergency (up to 2 months, renewable) are too long;
(e)
organized;
The use of registers in all places of detention has not yet been systematically
(f)
detention;
There is no legal provision establishing the maximum duration of pre-trial
(g)
The system of supervision of places of detention is not effective, responsibility for
prison administration lies with the Ministry of Territorial Administration. The prison
supervisory commissions have been unable to meet regularly and, according to some reports,
public prosecutors and the National Committee on Human Rights and Freedoms seldom visit
places of detention;
(h)
The concept of a “manifestly illegal order” lacks precision and is liable to restrict
the scope of application of article 2, paragraph 3, of the Convention;
(i)
Appeals to the competent administrative court against deportation orders are not
suspensive, and this may lead to a violation of article 3 of the Convention.
6.
The Committee, while welcoming the effort made by the State party to transmit
information relating to the prosecution of State officials responsible for violations of human
rights, is concerned about reports of the impunity of perpetrators of acts of torture. It is
particularly worried about:
(a)
The fact that gendarmes can be prosecuted for offences committed in the line of
duty only with the authorization of the Ministry of Defence;
(b)
Reports that proceedings have actually been initiated against perpetrators of
torture only in cases where the death of the victim was followed by public demonstrations;
(c)
The fact that the case of the “Bépanda nine” remains unsolved;
(d)
The reluctance of victims or their relatives to lodge complaints, through
ignorance, distrust or fear of reprisals;
(e)
Reports that evidence obtained through torture is admissible in the courts.