CAT/C/CR/31/2
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C. Subjects of concern
5.
The Committee expresses concern about:
(a)
The non-existence of information on the full implementation of article 2 of the
Convention, notably in the cases provided for in paragraphs 2 and 3 relating to exceptional
circumstances and an order from a superior officer or a public authority as grounds for excluding
criminal responsibility;
(b)
The considerable extension of the time limit for police custody, the period during
which the risk of torture is greatest, both in criminal law and in anti-terrorist legislation, which
has been effected subsequent to the consideration of the second periodic report;
(c)
The non-existence, during the period of police custody, of guarantees of rapid and
appropriate access by persons in custody to a lawyer and a doctor, and to a relative;
(d)
The increase, according to some information, in the number of arrests for political
reasons during the period under consideration, the increase in the number of detainees and
prisoners in general, including political prisoners, and the increase in the number of allegations
of torture and cruel, inhuman or degrading treatment or punishment, allegations implicating the
National Surveillance Directorate (DST);
(e)
The lack of information about measures taken by the judicial, administrative and
other authorities to act on complaints and undertake inquiries, indictments, proceedings and trials
in respect of perpetrators of acts of torture, notably in the case of acts of torture verified by the
Independent Arbitration Commission for compensation for material damage and moral injury
suffered by the victims of disappearance or arbitrary detention and their next of kin;
(f)
The application to acts of torture of the prescription period provided for by
ordinary law, which would appear to deprive victims of their imprescriptible right to initiate
proceedings;
(g)
The non-existence of a provision of criminal law prohibiting any statement
obtained under torture from being invoked as evidence in any proceedings;
(h)
(i)
prisoners.
The number of fatalities in prisons;
Prison overcrowding, and the allegations of beatings and violence between
D. Recommendations
6.
The Committee recommends that the State party:
(a)
In the context of the ongoing reform of the Criminal Code, include a definition of
torture which is fully consistent with the provisions of articles 1 and 4 of the Convention;