CAT/C/CR/28/5
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B. Positive aspects
3.
The Committee welcomes the following:
(a)
The State party’s accession to the Convention against Torture
on 23 September 1997, as well as its accession to several other core human rights treaties and its
expressed intention to ratify the 1951 Convention relating to the Status of Refugees and its 1967
Protocol. The Committee also welcomes the State party’s declaration that its domestic law,
including its components based upon Shariah, is capable of giving full recognition to the rights
and obligations contained in the Convention;
(b)
Legal developments designed to enhance the rule of law and the proper
administration of justice that have occurred since the preparation of the report, such as aspects of
the newly promulgated Code of Civil Procedure, Code of Criminal Procedure and Code of
Practice for Lawyers. The Committee welcomes, in particular, that the Code of Criminal
Procedure guarantees every accused person the right to avail himself or herself of the services of
a lawyer at all stages of an investigation and trial;
(c)
The State party’s expression that its domestic law provides that no exceptional
circumstances, including superior orders, may be invoked as a defence to a charge of torture, the
reassurance that statements obtained by torture are inadmissible in proceedings, and the oral
assurance that confessions are revocable at any point of proceedings. The State party’s
reassurance that corporal punishments are not imposed upon minors was noted;
(d)
The competence of the Board of Grievances to hear allegations of violations of
human rights, and that certain medical facilities possess appropriate forensic medical expertise
for examination of alleged victims of torture. The Committee welcomes the establishment of a
standing commission to investigate accusations concerning the subjection of any person to
torture or other cruel, inhuman or degrading treatment or punishment during the arrest, detention
and investigation of suspects;
(e)
The State party’s invitation to the Special Rapporteur of the Commission on
Human Rights on the independence of judges and lawyers to examine its law, policy and practice
in this field.
C. Subjects of concern
4.
The Committee is concerned about the following:
(a)
While noting the State party’s indication that Shariah expressly prohibits torture
and other cruel and inhuman treatment, the State party’s domestic law itself does not explicitly
reflect this prohibition, nor does it impose criminal sanctions. The Committee considers that
express incorporation in the State party’s domestic law of the crime of torture, as defined in
article 1 of the Convention, is necessary to signal the cardinal importance of this prohibition;