CAT/OP/SEN/CNPMRO/1 The Subcommittee recommends that the Observatory recruit its own personnel, ensuring that its members come from a diversity of backgrounds, do not have any actual or perceived conflict of interest and enjoy complete independence. It should be underscored that any recruitment should be carried out through a transparent public process open to various societal actors, bearing in mind gender equality. 10. Reply: The Observatory takes note of this recommendation and will ensure that it is strictly implemented if the process of reform, for which it has taken the steps described above, is successful. The ability to recruit its own personnel would undoubtedly allow the Observatory to meet the requirements related to the independence and diversity of its staff. However, as a necessary precondition, it needs a sufficient budget that would allow it to freely negotiate the salaries and allowances of future recruits and adequately guarantee compliance with the rules established in the Labour Code. The Subcommittee recommends that the Observatory fully discharge its mandate, which includes gaining access to all places of deprivation of liberty, including all military premises under the control of the Ministry of the Armed Forces. In the event of barriers to the conduct of visits to places of deprivation of liberty, the Observatory should remind the State authorities of the provisions of the Optional Protocol and, if the problem is not resolved, should inform the Subcommittee of the situation. 11. Reply: The Director of the Observatory shares the Subcommittee’s concern regarding the narrow interpretation of article 6 of Act No. 2009-13 of 2 March 2009. She has always considered that, by law, the Observatory’s mandate extends to disciplinary facilities in the military barracks and quarters under the jurisdiction of the Armed Forces. For that reason, as soon as she had taken up her duties, she paid a courtesy call to the Minister of the Armed Forces and had a lengthy discussion with him on the issue, during which she reminded him of the State’s obligation to comply with its international commitments under article 4 of the Optional Protocol, which he himself had helped to transpose into article 6 of Act No. 200913. The Subcommittee is very concerned about the delegation’s observations on the ground and considers that closed daaras are places of deprivation of liberty within the meaning of article 4 of the Optional Protocol and, therefore, come under the jurisdiction and mandate of the national preventive mechanism of Senegal. Taking into account the allegations of ill-treatment that it has received and those already in the public domain, the Subcommittee recommends that the Observatory visit these institutions, in exercise of its preventive mandate and with a view to helping the State party, through targeted substantive recommendations aimed at preventing all illtreatment, including forced begging. 12. Reply: The Observatory has taken note of this recommendation and recognizes that closed daaras fall within its jurisdiction and are covered by its mandate. The Subcommittee recommends that the Observatory pursue its efforts to raise public awareness in Senegal, bearing in mind the need to project an image in line with its mandate and avoid the creation of false expectations, for instance that the Observatory provides free legal aid or processes complaints from persons deprived of their liberty. In all its communication efforts, the Observatory should focus on the preventive aspect of its mandate and the confidential nature of its work. 13. Reply: Given that the Observatory was established relatively recently, the Director – convinced that general awareness of the Observatory is necessary for it to be able to play its full role – has prioritized raising awareness about its mandate and mission among the public and the authorities. In the press briefings, press releases and radio broadcasts that generally accompany its work throughout the country, the Observatory has always made it clear that its mandate is focused exclusively on preventing torture and other cruel, inhuman or degrading treatment or punishment. That is why it did not respond to a request for financial and material support that it received from a national non-governmental organization, which claimed to want to help women detained at the Liberté 6 prison camp to cope with the impact of the coronavirus disease (COVID-19) pandemic, and likewise did not respond to a request 4 GE.21-03421

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