CAT/C/DJI/CO/1
not resort to torture under any circumstances; publicly and unambiguously reaffirm
the absolute prohibition of torture; condemn the practice of torture, especially by the
police and prison officers; and make it clear that anyone who commits, is complicit in
or participates in such acts will be held personally responsible before the law, will be
subject to criminal prosecution and will be punished accordingly.
Impunity for acts of torture and ill-treatment
10.
The Committee takes note of the State party’s recognition that acts of torture have
taken place and have neither been investigated nor prosecuted. In particular, it notes the
absence of specific information on prosecutions initiated, sentences pronounced or
disciplinary sanctions imposed on police or prison officers found guilty of acts of torture or
ill-treatment. The Committee also notes the State party’s acknowledgement that the
weakness of domestic legislation contributes to impunity (arts. 2, 4, 12, 13 and 16).
The State party should ensure that all allegations of torture or ill-treatment are the
subject of prompt, impartial, thorough and effective investigations and that the
perpetrators are prosecuted and sentenced to penalties commensurate with the grave
nature of the acts committed, as required by article 4 of the Convention, without
prejudice to appropriate disciplinary sanctions. The State party should also take all
appropriate legal measures to fully remedy this impunity.
Fundamental legal safeguards
11.
The Committee is concerned about the discrepancy between the fundamental legal
safeguards offered by the Constitution and the Code of Criminal Procedure on the one hand
and the implementation of these guarantees for all detainees from the very outset of their
detention on the other. The Committee also remains concerned about reports of lengthy
pretrial detention and slow proceedings. The Committee also regrets the absence of
information on the fundamental legal safeguards available to persons with mental,
intellectual or physical disabilities. In addition, the Committee regrets the absence of a
comprehensive juvenile justice system oriented to the education and social integration of
children in conflict with the law (art. 2).
The State party should take prompt and effective measures to ensure that in practice
all detainees are afforded all fundamental legal safeguards from the very outset of
their detention. In accordance with international standards, these safeguards should
include, in particular, the rights of detainees to: be informed of the reasons for their
arrest, including of any charges against them; have prompt access to a lawyer and,
when needed, legal aid; undergo an independent medical examination, if possible
conducted by a doctor of their choice; notify a relative; be brought promptly before a
judge; and have the lawfulness of their detention reviewed by a court. The State party
should ensure that all fundamental legal safeguards are implemented for persons in
psychiatric institutions.
The State party should also take measures to establish a juvenile justice system in
compliance with the United Nations Standard Minimum Rules for the Administration
of Juvenile Justice (the Beijing Rules), adopted by General Assembly resolution 40/33
of 29 November 1985, and the United Nations Guidelines for the Prevention of
Juvenile Delinquency (the Riyadh Guidelines), adopted and proclaimed by General
Assembly resolution 45/112 of 14 December 1990.
Monitoring and inspection of places of deprivation of liberty
12.
The Committee notes the information provided by the State party on the
establishment of a prison guard corps within the Legislation and Human Rights Directorate,
GE.11-47990
3