CAT/C/TCD/CO/1
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C. Main subjects of concern and recommendations
Definition of torture
13. The Committee is concerned at the absence of an explicit definition of torture in the
current Criminal Code that would make acts of torture punishable under criminal law, in
accordance with articles 1 and 4 of the Convention. While welcoming the bill to revise the
Criminal Code, which does contain a definition of torture, the Committee is concerned that the
definition is incomplete and is therefore not entirely in conformity with article 1 of the
Convention (arts. 1 and 4).
The State party should urgently revise and adopt the bill amending and
supplementing the Criminal Code so that the Code includes a definition of torture in
conformity with article 1 of the Convention, as well as provisions criminalizing acts of
torture and making them punishable by criminal penalties proportional to the
seriousness of the acts committed.
State of emergency
14. The Committee notes with concern that Chadian criminal law does not currently contain
any provisions guaranteeing the absolute and non-derogable nature of the prohibition of torture,
and that numerous abuses, including cases of torture and enforced disappearance recognized by
the State party, are committed during states of emergency (art. 2).
The State party should ensure that the principle of the absolute prohibition of torture
is incorporated in its criminal legislation. The State party should also ensure the strict
application of such legislation, in accordance with article 2, paragraph 2, of the
Convention, which stipulates that no exceptional circumstances whatsoever, whether
a state of war or a threat of war, internal political instability or any other public
emergency, may be invoked as a justification of torture.
Due obedience
15. The Committee notes with concern that article 143 of the Chadian Criminal Code, which
establishes that any person who acts on the orders of a hierarchical superior shall be exempt from
punishment, is not in conformity with the obligations stemming from article 2, paragraph 3, of
the Convention (art. 2).
The State party should amend its legislation to explicitly state that an order from a
superior officer or public authority may not be invoked as justification of torture.
Guarantees for detainees
16. The Committee notes with concern that the current Code of Criminal Procedure does not
provide fundamental legal guarantees for persons in detention. The Committee also regrets that
the right to legal assistance for the poor, as provided for in article 47 of the Code of Criminal
Procedure, is non-existent in practice. Moreover, the Committee is deeply concerned at the fact
that the 48-hour limit for police custody is not observed in practice and at shortcomings in
maintaining detention registers (arts. 2 and 11).