CAT/C/MUS/CO/4
(c)
The Criminal Appeal (Amendment) Act, in 2013, which enables a convicted
person to apply for a retrial on the basis of sufficient fresh and compelling evidence;
(d)
The Protection of Human Rights (Amendment) Act, in 2012, which broadens
and strengthens the mandate of the National Human Rights Commission;
(e)
The National Preventive Mechanism Act, in 2012, which gives effect to the
Optional Protocol to the Convention against Torture and Other Cruel, Inhuman or
Degrading Treatment or Punishment;
(f)
The Criminal Code (Amendment) Act, in 2012, which authorizes the
termination of pregnancy in specific circumstances;
(g)
The Legal Aid (Amendment) Act, in 2012, which, inter alia, provides for
legal assistance to persons in need during police enquiries and for bail applications.
7.
The Committee welcomes the administrative and other measures taken by the State
party to give effect to the Convention, including:
(a)
The operationalization of the National Preventive Mechanism Division of the
National Human Rights Commission, since June 2014;
(b)
The adoption of the National Human Rights Action Plan 2012–2020, in 2012;
(c)
The extension, since 2012, of the operating days of the Bail and Remand
Court to weekends and public holidays;
(d)
The opening of new detention facilities, which has helped address
overcrowding in prisons;
(e)
detention.
C.
The measures taken to prevent inter-prisoner violence and suicide in places of
Principal subjects of concern and recommendations
Pending follow-up issues from the previous reporting cycle
8.
The Committee notes with regret the State party did not provide information on the
implementation of recommendations identified for follow-up in its previous concluding
observations (CAT/C/MUS/CO/3). It also notes with regret that its recommendations
relating to police legislation, conditions in detention and the publication of the report of the
visit by Subcommittee on Prevention of Torture and Other Cruel, Inhuman or Degrading
Treatment or Punishment in 2007 (see CAT/C/MUS/CO/3) have not been fully
implemented.
Incorporation of the Convention into domestic legislation
9.
The Committee remains concerned that the State party has not fully incorporated the
provisions of the Convention into its domestic law, especially in view of the shortcomings
in its anti-torture legislation (art. 2).
10.
Recalling its previous recommendation (see CAT/C/MUS/CO/3 para. 7), the
Committee recommends that the State party should fully incorporate the provisions of
the Convention into its domestic legislation so that they can be applied by domestic
courts.
Absolute prohibition of torture
11. While noting that in its judgement in the case of Director of Public Prosecutions v V.
Jagdawoo & Ors the State party’s Supreme Court referred to the non-derogable right to
freedom from torture and other cruel, inhuman or degrading treatment and its peremptory
nature, the Committee nonetheless notes the absence in the State party’s legislation of an
express provision on the absolute prohibition of torture (art. 2).
12.
The State party should introduce a statutory provision on the absolute
prohibition of torture declaring that no justification may be invoked for this crime
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