international treaties on torture, especially article 1 of the Convention against Torture.
18.In its replies to the Subcommittee’s observations, the State party did not supply information on the means by which it
intends to act upon this recommendation. The Subcommittee has learned, however, that a bill was submitted by a senator
in May 2009 that would amend articles 236 and 309 of the Criminal Code and that it is now under consideration by
various Senate committees. The Subcommittee welcomes this initiative and reiterates its recommendation regarding the
prompt alignment of the definition of the criminal offence of torture with article 1 of the Convention against Torture. The
Subcommittee requests that the State party provide it with a copy of the bill in question.
19.In view of the fact that torture is not defined as a criminal offence in the Military Criminal Code, the Subcommittee
recommended that the definition of such an offence in accordance with article 1 of the Convention against Torture be
included in that code and that penalties commensurate with the seriousness of the offence be established. In addition to
pointing out the need to fill this void, the Subcommittee recalls that military jurisdiction should be confined to infractions
of a specifically military character committed by members of the armed forces and that it does not encompass human
rights violations, which fall within the purview of the nation’s ordinary courts. The State party has informed the
Subcommittee that a draft amendment to the Military Criminal Code which would bring it into line with the Convention
against Torture is now under consideration. The Subcommittee welcomes this initiative and requests information on its
progress.
2.Institutional framework
20.Following its first visit to the country, the Subcommittee expressed its concern about systemic shortcomings in the operations of
some of the Government bodies responsible for preventing torture and recommended measures for rectifying them. During its followup visit, the Subcommittee’s delegation met with representatives of some of these institutions. Because the follow-up mission was so
brief, however, the delegation was unable to visit all of the agencies referred to in the first report. The Subcommittee reiterates its
earlier recommendations, which, it regrets to note, have not been implemented in most cases.
21.Office of the Ombudsman. In the report on its visit, the Subcommittee voiced concern about the way in which the Office of the
Ombudsman carried out its duties in respect of persons who have been deprived of their liberty and made a number of
recommendations in that connection. The Office of the Ombudsman provided information in writing and orally during a meeting
concerning the manner in which it is acting upon those recommendations.
22.The Office of the Ombudsman indicated that it refers reports of torture and ill-treatment to the Public Prosecutor’s Office, which
performs due process checks in cases concerning prisoners, and that a file is kept on the case of each person who lodges a
complaint. The Ombudsman further informed the Subcommittee that the recommended database would be rolled out during the week
of 13 September 2009. He also referred to the fact that the number of complaints that were received was small owing to the fact that
the general public was unfamiliar with the work done by his Office.
23. The Subcommittee recommends that the State party:
(a) Set up a database in the Office of the Ombudsman in order to compile information on a systematic basis concerning
the complaints received, the outcome of the investigations that are undertaken and the recommendations made. Insofar
as is possible while maintaining the necessary confidentiality, this database, or a portion of it, should be made available
on the Office’s web page;
(b) Provide information to the Subcommittee on the launch of the database, on its availability on the web page, and on its
structure and content;
(c) Conduct a campaign to inform the public about the mission and duties of the Office of the Ombudsman with a view to
explaining what services it provides and encouraging the public to make use of them. The campaign should include a
special module targeting locations where persons deprived of their liberty are being held;
(d) Make public (while protecting the privacy of persons who do not wish to be identified) the Office of the Ombudsman’s
reports on the visits made to places in which persons deprived of their liberty are being held, along with its
recommendations and the corresponding follow-up.
24.National p olice . In its earlier report, the Subcommittee indicated that police personnel had been responsible for acts of torture
and other forms of ill-treatment of detainees and recommended, inter alia, that the physical infrastructure of police stations be
inspected and inventoried, that police personnel receive further training, that a complaints system be set up and a new registry system
introduced, and that the working conditions for police personnel be improved.
25.In connection with the Subcommittee’s recommendation that police personnel receive training in guarding persons
deprived of their liberty and other aspects of human rights, the State party furnished information on the inclusion of the
subject of human rights in the curricula of various police academies and schools, on the conclusion of an agreement with
the International Committee of the Red Cross for human-rights trainer training and on the training of approximately 200
police officers assigned to the 911 system and to various police stations in 2009 and 2010. The Subcommittee
appreciates this information and recommends that human-rights training activities be conducted on a regular basis for all
police personnel in the country.
26.The Subcommittee welcomes the creation, by means of resolution No. 542 of 16 September 2009, of the Human Rights
Department of the national police force, whose duties include inspecting and evaluating the infrastructure of police stations where
persons are held in custody. It also welcomes the introduction of a new infrastructure plan under which the number of police stations