CAT/C/CRI/CO/2
page 2
4.
The Committee notes with satisfaction the efforts being made by the State party to revise
legislation, policies and working practices so as to ensure greater protection of the right not to be
subjected to torture or other cruel, inhuman or degrading treatment or punishment, and
specifically:
(a) The legislative reform criminalizing torture, by means of Law No. 8189 of
6 December 2001 (addition to article 123 bis of the Criminal Code);
(b) The establishment of various means, including a free telephone line, to facilitate the
lodging of complaints and habeas corpus applications;
(c) The adoption of a law criminalizing violence against women by the Legislative
Assembly in April 2007;
(d) The adoption of a law to enhance efforts to combat the sexual exploitation of minors
in June 2007.
Principal areas of concern and recommendations
Pretrial detention
5.
The Committee endorses the concerns expressed by the Human Rights Committee
(CCPR/C/CRI/CO/5) regarding the duration of pretrial detention and the legally authorized
regime of incommunicado detention. It also expresses its concern at the high number of persons
held in pretrial detention owing to a general increase in violence in the country, as the State party
has acknowledged (art. 2).
The State party should take prompt steps to restrict the use of pretrial detention, as
well as its duration, using alternative methods whenever possible when the accused
does not represent a danger to society.
Alternative measures
6.
The Committee is concerned at the increase in the prison population and the factors that
have contributed to this situation - in particular the limited use of alternative measures, longer
prison terms, the criminalization of certain behaviour and the use of pretrial detention as a
preventive measure (art. 2).
The Committee takes note of the bill introducing a new Criminal Code which will
incorporate alternative measures, and urges the State party to speed up the reforms
needed to enable the judiciary to impose alternatives to imprisonment.
Non-return
7.
The Committee notes with concern that the Migration Bill makes no mention of a right to
appeal against the decisions of the Visa and Refuge Commission. The Committee is also
concerned at the power which the Migration Bill grants to immigration officials to reject illegal