CAT/C/CR/30/1
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(b)
The declaration under article 22 of the Convention enabling individuals to submit
complaints to the Committee;
(c)
The ratification of several significant human rights treaties, in particular the
European Convention for the Prevention of Torture and Inhuman or Degrading Treatment or
Punishment;
(d)
The extensive legal and legislative reforms by the State party, including the
adoption of a new Criminal Code and a new Code of Criminal Procedure;
(e)
The introduction of the offence of torture in the new Criminal Code, and the
State party’s report of some convictions for this crime;
(f)
The transfer of remand centres of the Ministry of Internal Affairs to the authority
of the Ministry of Justice;
(g)
The creation of the post of Ombudsman;
(h)
The assurances by the State party that it is taking action to reduce the occurrence
of tuberculosis in places of detention;
(i)
The agreement concluded with the International Committee of the Red Cross,
enabling ICRC representatives to have unrestricted access to convicted persons in places of
detention, as well as the State party’s assurance that access for non-governmental organizations
to visit and examine conditions in penitentiary establishments is unlimited.
C. Subjects of concern
5.
The Committee is concerned about:
(a)
Numerous ongoing allegations of torture and ill-treatment in police facilities and
temporary detention facilities, as well as in remand centres and in prisons;
(b)
The fact that the definition of torture in the new Criminal Code does not fully
comply with article 1 of the Convention, because, inter alia, article 133 omits references to the
purposes of torture outlined in the Convention, restricts acts of torture to systematic blows or
other violent acts, and does not provide for criminal liability of officials who have given tacit
consent to torture;
(c)
The lack of information on the implementation of article 3 of the Convention
regarding the handover of a person to a country where he/she faces a real risk of torture, and on
the rights and guarantees granted to the persons concerned.
6.
The Committee is also concerned about the substantial gap between the legislative
framework and its practical implementation, and about:
(a)
The apparent lack of independence of the judiciary despite the new legislation;