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under any circumstances, in accordance with article 2 (2) of the Convention. It should
also bring its laws, such as the provisions of section 245 of the Criminal Code on
homicide and wounds and blows under lawful authority, into line with the absolute
ban. The Committee draws the attention of the State party to paragraphs 5 to 7 of its
general comment No. 2 (2007) on the implementation of article 2.
Penalties for acts of torture
13.
The Committee expresses once against its concern that penalties provided by the
State party’s legislation do not correspond to the grave nature of the crime of torture and do
not take account of aggravating circumstances (art. 4).
14.
The State party should make the necessary legislative amendment to ensure
that acts of torture carry appropriate penalties, taking into account aggravating
circumstances such as permanent disability sustained by victims or death, in line with
article 4 of the Convention.
Impunity for acts of torture and ill-treatment
15.
While noting the strong statement of the State party’s Supreme Court condemning
the perpetration of torture and any form of inhuman or degrading treatment by State agents,
the Committee is deeply concerned that those responsible for the death of Ramdoolar
Ramlogun, who was subjected to physical abuse and killed in State custody, have not been
found and duly prosecuted. The Committee notes that the State party awarded monetary
compensation in the above-mentioned case (arts. 2 and 12).
16.
The State party should draw lessons from the judicial proceedings in relation to
the death of Ramdoolar Ramlogun and bring about the necessary changes to ensure
accountability for acts of torture.
Non-refoulement
17.
The Committee notes the explanation provided by the delegation that the geographic
configuration of the State party and its limited resources constrain its capacity to receive
and accept asylum seekers and refugees. Moreover, it notes that provisions on the
protection of human rights and the right to appeal an extradition decision were introduced
into the Extradition Act of 2017. Nevertheless, the Committee is concerned at the lack of a
legal and procedural framework for safeguarding the rights of persons in need of
international protection who are present on the State party’s territory (art. 3).
18.
The State party should establish a legal and procedural framework regulating
expulsion and refoulement so as to safeguard the rights of persons in need of
international protection, in accordance with article 3 of the Convention. The
Committee also encourages the State party to consider ratifying the Convention
relating to the Status of Refugees, the Protocol relating to the Status of Refugees and
the Organization of African Unity Convention Governing the Specific Aspects of
Refugee Problems in Africa.
Fundamental legal safeguards
19.
The Committee notes the information provided by the State party that the right to
legal counsel and to have access to a doctor is guaranteed to arrested and detained persons
in police custody and that information thereon is properly recorded. At the same time, the
Committee is concerned that doctors’ visits take place under supervision for safety and
security reasons as a matter of routine (art. 2).
20.
The State party should:
(a)
Stipulate in police standing orders and other relevant regulations that
doctors’ visits to arrested and detained persons be conducted in a confidential manner
and that supervision, when requested by the doctor, be within sight but out of hearing
distance;
3