CAT/C/CMR/CO/4
5.
The Committee notes with satisfaction the legislative and institutional advances
made by the State party since the consideration of the third periodic report
(CAT/C/34/Add.17), particularly:
(a)
Decree No. 2004/320 of 8 December 2004 on the organization of the
Government and the transfer of prison administration to the Ministry of Justice;
(b)
Decree No. 2005/122 of 15 April 2005 on the organization of the Ministry of
Justice and the creation of the Directorate for Human Rights and International Cooperation;
(c)
Act No. 2005/006 of 27 July 2005 on the status of refugees;
(d)
Act No. 2005/007 of 27 July 2005 on the Code of Criminal Procedure;
(e)
Act No. 2005/015 of 29 December 2005 on combating smuggling and
trafficking in children.
6.
The Committee welcomes the ratification by the State party, on 18 May 2004, of the
United Nations Convention against Transnational Organized Crime and two of its three
protocols: the Protocol to Prevent, Suppress and Punish Trafficking in Persons, Especially
Women and Children, and the Protocol against the Smuggling of Migrants by Land, Air
and Sea.
7.
The Committee notes with satisfaction the ratification, on 28 March 2009, of the
Protocol to the African Charter on Human and People’s Rights on the Rights of Women in
Africa.
8.
The Committee welcomes the fact that the State party has agreed to host the United
Nations Subregional Centre for Human Rights and Democracy in Central Africa and its
unwavering support for the Centre’s activities.
9.
The Committee notes with satisfaction the State party’s cooperation with the
European Union in the context of the Programme to Improve Detention Conditions and
Respect of Human Rights.
C.
Main areas of concern and recommendations
Definition of torture and appropriate penalties
10.
The Committee has noted that article 132 bis of the Criminal Code contains a
definition of torture but regrets that, in spite of repeated requests, the State party has not
provided it with a copy of the text. The Committee is therefore unable to assess whether or
not the State party fully incorporated the definition of torture under articles 1 and 4 of the
Convention. Moreover, the Committee notes with concern that domestic legislation does
not provide for the imposition of sentences that take into account the seriousness of the
offence (arts. 1 and 4).
The State party should provide the Committee with the necessary information for it to
assess whether or not the State party has incorporated into its Criminal Code a
definition of torture that complies with articles 1 and 4 of the Convention. The
Committee emphasizes that the definition of torture should set out clearly the purpose
of the offence, provide for aggravating circumstances, include the attempt to commit
torture as well as acts intended to intimidate or coerce the victim or a third person,
and refer to discrimination of any kind as a motive or reason for inflicting torture.
The definition should also criminalize torture inflicted by or at the instigation of or
with the consent or acquiescence of a public official or other person acting in an
official capacity. The State party should also ensure that the provisions criminalizing
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