CAT/C/BFA/CO/2

(h)

Organic Act No. 050-2015/CNT of 25 August 2015 on the status of judges;

(i)
Act No. 061-2015/CNT of 6 September 2015 on the prevention and
punishment of violence against women and girls and on reparations and support for victims;
(j)
Constitutional Act No. 072-2015/CNT of 5 November 2015 amending the
Constitution and making it possible for citizens to bring cases before the Constitutional
Council;
(k)
Act No. 081-2015/CNT of 24 November 2015 on the General Civil Service
Regulations, which allows public officials to disobey an order from a superior when the
order is unrelated to an official mission or manifestly unlawful, or when executing the order
would constitute a criminal offence;
(l)
The national programme to combat child labour at gold-panning sites and
artisanal quarries in Burkina Faso for the period 2015–2019;
(m) Act No. 074-2015/CNT of 6 November 2015 on the establishment,
responsibilities, composition, organization and functioning of the High Council for
Reconciliation and National Unity;
(n)
Act No. 015-2014/AN of 13 May 2014 on the protection of children who are
in conflict with the law or are at risk;
(o)
Act No. 011-2014/AN of 17 April 2014 on the suppression of the sale of
children, child prostitution and child pornography;
(p)
The national strategy for the prevention and elimination of child marriage
2016–2025; and
(q)
The national strategic plan to promote the elimination of female genital
mutilation in Burkina Faso 2016–2020.

C.

Principal subjects of concern and recommendations
Pending follow-up issues from the previous reporting cycle
6.
In its previous concluding observations (CAT/C/BFA/CO/1, para. 31), the
Committee requested the State party to provide information on the implementation of the
following recommendations: (a) the introduction or strengthening of legal safeguards for
detainees; (b) the prompt instigation of impartial and effective investigations; and (c) the
initiation of proceedings against suspects and sentencing of perpetrators of acts of torture or
ill-treatment, which were recommendations contained in paragraphs 10, 11, 12 and 18 of
the document. The Committee regrets that the State party has not provided this information,
despite the reminder sent to it on 8 December 2014 by the rapporteur on follow-up to
concluding observations. The Committee is of the view that the recommendations set out in
paragraphs 10, 11, 12 and 18 of its previous concluding observations have not yet been
fully implemented. These points are covered in paragraphs 10, 14, 16 and 28 of the present
document.
Definition and criminalization of torture
7.
While recalling its previous concluding observations (para. 8), the Committee
welcomes the adoption of Act No. 025-2018/AN on the Criminal Code, as well as Act No.
022-2014/AN on the prevention and punishment of torture and related practices, that take
up a definition of torture in line with article 1 of the Convention, make it a separate offence
and provide for penalties appropriate to the grave nature of such acts. However, the
Committee notes with concern that the non-applicability of the statute of limitations for
prosecution and sentencing is only applicable in cases of torture carried out as part of
genocide or crimes against humanity (Criminal Code, art. 317) (arts. 1 and 4).
8.
The Committee invites the State party to adopt the necessary provisions, in the
Criminal Code and Act No. 022-2014/AN, to explicitly exclude application of the
statute of limitations for the crime of torture.

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