CAT/C/COD/CO/2

(e)
Organic Act No. 13/011-B of 11 April 2013 on the organization, functioning
and jurisdiction of the ordinary court system, which assigns to the civilian courts
jurisdiction over offences falling within the remit of the International Criminal Court;
(f)
The National Strategy to Combat Gender-based Violence, in 2009, and the
related action plan.
6.
The Committee further welcomes the State party’s cooperation with the special
procedures mandate holders of the Human Rights Council.

C.

Principal subjects of concern and recommendations
Follow-up of previous recommendations
7.
The Committee finds it regrettable that information on the implementation of the
recommendations made in its previous concluding observations (para. 5), concerning the
incorporation of the Convention into national law, was not transmitted to it for review as
part of the follow-up procedure.
Definition and criminalization of torture
8.
While the Committee welcomes the adoption of Act No. 11/008, whereby the
Criminal Code was amended so that it includes a definition of torture that is in conformity
with article 1 of the Convention, establishes torture as a separate offence, in article 48 bis,
and states that the offence should not be subject to any statute of limitations, in article 48
quater, it finds it regrettable that, under this law, superior officers are not held criminally
responsible when they are aware of acts of torture or ill-treatment committed by their
subordinates. It also finds it regrettable that the Act does not explicitly provide that no
exceptional circumstances may justify torture. In addition, the Committee remains
concerned about the weak enforcement of the Act, notably because of a lack of awareness
of it among judges, who continue to consider acts of torture as factors aggravating offences
of arbitrary arrest or detention, in line with the previous criminal code. Lastly, the
Committee expresses regret at the lack of information concerning the number of
investigations conducted and convictions handed down since the Act entered into force
(arts. 1, 2, 4,10, 12, 13 and 14).
9.

The Committee recommends that the State party:

(a)
Amend Act No. 11/008 so that it provides for superior officers to be held
criminally responsible, whether acts are committed at their instigation or with their
consent or acquiescence;
(b)
State explicitly in Act No. 11/008 that no exceptional circumstances may
be invoked as a justification of torture;
(c)
Take the necessary measures for the wide dissemination of Act No.
11/008 and the familiarization of judges and prosecutors with it, so as to ensure, in
practice, the effective criminalization of acts of torture and handing down of sentences
commensurate with the seriousness of such acts;
(d)
Provide, in its next periodic report, precise data on the number of
investigations conducted and convictions handed down under Act No. 11/008, the
courts responsible and the amount of compensation awarded to victims.
Confessions obtained under torture
10.
The Committee notes with concern that, despite the adoption of Act No. 11/008,
there is no legislative provision expressly prohibiting the extraction of confessions under
duress, which means that article 15 of the Convention has not been incorporated into the
State party’s domestic legal order (art. 15).
11.
The State party should take the necessary measures to guarantee that
confessions obtained through torture or ill-treatment are systematically declared null
and void.

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GE.19-08966

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