C.Principal subjects of concern and recommendations
Definition and offence of torture
9.While noting that article 15, paragraph (2)(a) of the 1992 Constitution prohibits torture and cruel, inhuman or degrading treatment
or punishment, the Committee regrets that the offence of torture as defined in article 1 of the Convention has not yet been included in
the State party’s Criminal Code. The Committee welcomes the information provided by the State party’s delegation that the
Attorney’s General Office is in the process of seeking Cabinet approval for the domestication of the Convention, which will then be
submitted to Parliament for consideration, in accordance with article 106 of the Constitution (arts. 1 and 4).
The State party should take the necessary measures to ensure that torture is established as an offence in its domestic
law , and should adopt a definition of torture that includes all the elements contained in article 1 of the Convention. The
State party should also ensure that such offences are made punishable by appropriate penalties which take into account
their grave nature, in accordance with article 4, paragraph 2, of the Convention.
Fundamental legal safeguards
10.The Committee notes the measures adopted by the State party to ensure compliance with due process, including the right for all
detainees to obtain immediate access to a counsel, to undergo a medical examination, to be informed immediately of their rights in a
language they understand, and to appear before a judge within 48 hours of arrest. It also notes the establishment of pilot interrogation
rooms in some police stations where fixed closed-circuit television (CCTV) cameras have been installed. However, the Committee
expresses concern about reports that police fail to bring suspects before a judge within 48 hours of arrest, and that some police
officers allegedly sign remand warrants themselves and take suspects directly to prison. The Committee also expresses concern at the
very limited number of legal aid defence lawyers which precludes many defendants from obtaining legal counsel. Furthermore, it is
concerned at the content of sections 10 to 13 of the Police Service Instruction 171, which provides for medical examinations to be
conducted under the control of Government Medical Officers, who shall be requested to be present during independent medical
examinations (arts. 2, 11 and 12).
The State party should take effective measures to guarantee that the fundamental legal safeguards for persons detained
by the police are respected, including the right to be promptly informed of reasons for arrest and of any charges against
him or her , the right to appear before a judge within the time limit prescribed by law and the right to an independent
medical examination or a doctor of their own choice.
The State party should also:
(a) Ensure that all detained persons are guaranteed the possibility to challenge effectively and expeditiously the
lawfulness of their detention through habeas corpus;
(b) Make audio and video recording of interrogations of all persons questioned a standard procedure;
( c ) Expand the number of legal aid defence lawyers;
( d ) Ensure prompt registration of all persons deprived of their liberty and ensure that custody records at police and
prison facilities are periodically inspected to make sure that they are being maintained in accordance with procedures
established by law;
( e ) Guarantee the privacy and confidentiality of medical information : p ublic officials should not be present during
medical examinations of persons under custody, save under exceptional and justifiable circumstances .
Absolute prohibition of torture
11.While noting the information provided by the State party on the relevant constitutional precepts governing the declaration and
administration of a state of emergency, the Committee is concerned at the absence of clear legal provisions ensuring that the absolute
prohibition against torture is not derogated from under any circumstances (art. 2, para. 2).
The State party should incorporate in the Constitution and other laws the principle of absolute prohibition of torture ,
whereby no exceptional circumstances whatsoever may be invoked to justify it.
Death penalty
12.The Committee notes with interest the information provided by the delegation stating that the death penalty has not been applied in
the State party since the military regime that ended in 1993.
The Committee invites the State party to consider the possibility of abolishing the death penalty, or failing that, to
formalize the current de facto moratorium on the death penalty. The Committee strongly encourages the State party to
consider ratifying the Second Optional Protocol to the International Covenant on Civil and Political Rights, aiming at the
abolition of the death penalty.
Coerced confessions
13.The Committee values the information and clarification given by the representative of the State party in respect of the 1975