CAT/C/COG/CO/1
5.
The Committee welcomes the legislative steps taken by the State party to give effect
to the Convention, including:
(a)
The adoption in 2003 of Act No. 5-2003 on the responsibilities, organization
and functioning of the National Human Rights Commission;
(b)
The adoption in 2007 of Act No. 16-2007 on the establishment of the AntiCorruption Observatory;
(c)
The adoption in 2010 of Act No. 4-2010 on child protection in the Congo;
(d)
The adoption in 2011 of Act No. 5-2011 on the promotion and protection of
the rights of indigenous peoples.
6.
The Committee notes with appreciation that the State party has extended an
invitation to special procedures mandate holders of the Human Rights Council and it
welcomes the visits by the Special Rapporteur on the rights of indigenous peoples in 2010
and by the Working Group on Enforced or Involuntary Disappearances in 2011.
7.
The Committee notes with satisfaction that the death penalty has not been imposed
in the State party since 1982 and that its de jure abolition is reportedly being considered
under the current reform of criminal law. The Committee invites the State party to consider
abolishing the death penalty in its domestic law and to ratify the Second Optional Protocol
to the International Covenant on Civil and Political Rights, with a view to the abolition of
the death penalty.
C.
Principal subjects of concern and recommendations
Definition and criminalization of torture
8.
Although article 9, paragraph 4, of the Constitution prohibits torture, the Committee
notes with regret that there are no legislative or regulatory provisions that incorporate a
definition of torture and other cruel, inhuman or degrading treatment. The Committee
welcomes the information provided by the delegation indicating that seven codes, including
the Criminal Code and the Code of Criminal Procedure, are currently being reformed and
that this should lead to the creation of a specific offence of torture that takes into account
the definition of torture provided for by the Convention. It further notes that the reform
process is due to be completed in December 2015, with support from experts recruited as
part of the Project of Activities to Strengthen the Rule of Law and Associations. While
noting that a law on the prevention and punishment of torture is currently being drafted, the
Committee regrets the lack of information on the time frames involved and the content of
this bill (arts. 1 and 4).
The Committee recommends that the State party take the necessary measures to
incorporate into the Criminal Code a specific definition of torture covering all the
elements of the definition contained in article 1 of the Convention. It should also
include therein provisions that criminalize and penalize acts of torture and other cruel,
inhuman or degrading treatment or punishment and that establish penalties which
are commensurate with the gravity of such acts. It further recommends that the State
party take steps to include in the Criminal Code a provision on the non-applicability
of statutory limitations to the crime of torture.
The Committee encourages the State party to fully involve civil society organizations
in the ongoing legislative reform process.
The Committee invites the State party to expedite the ongoing legislative reform
process and to take the necessary steps to promulgate and adopt, as soon as possible,
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