CAT/C/CR/31/4
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(e)
The apparent failure to investigate promptly, impartially and fully the numerous
allegations of torture and breaches of article 16 of the Convention and to prosecute alleged
offenders;
(f)
Reported cases of deportation of foreigners without the opportunity for them to
legally challenge those measures which, if found to be the case, may be in breach of the
obligations imposed by article 3 of the Convention;
(g)
The failure of the State party to provide detailed information relating to
modalities of compensation and rehabilitation of victims of ill-treatment by the State;
(h)
The situation of women who have served their prison sentences but who remain in
prison for prolonged periods;
(i)
The Committee is concerned at the low minimum age of criminal responsibility
and at the detention of child offenders as young as 7 years in specialized hospitals or social
protection institutions.
E. Recommendations
7.
The Committee recommends that the State party:
(a)
Adopt a definition of torture which covers all elements of that contained in
article 1 of the Convention, and amend domestic penal law accordingly;
(b)
Take all appropriate measures to ensure that criminal sanctions are in full
conformity with the Convention;
(c)
Ensure that all detained persons have immediate access to a doctor and a lawyer,
as well as contact with their families, at all stages of detention and that detainees held by the
Political Security Department are given prompt access to judges;
(d)
Take all appropriate measures to abolish de facto incommunicado detention;
(e)
Take immediate steps to ensure that arrests and detentions are carried out under
independent and impartial judicial supervision;
(f)
Convention;
Ensure that all counter-terrorism measures taken are in full conformity with the
(g)
Ensure that the expulsion, refoulement or extradition of a person to another State
is in compliance with article 3 of the Convention;
(h)
Take measures to establish an effective, reliable and independent complaints
system to undertake prompt and impartial investigations into allegations of ill-treatment or
torture by police and other public officials, and punish the offenders;
(i)
Strengthen efforts to reduce any occurrences of torture or other ill-treatment by
police and other public officials, and collect data that monitors such acts;