CAT/C/KWT/CO/2
(b)
Optional Protocol to the Convention on the Rights of the Child on the sale of
children, child prostitution and child pornography.
5.
The Committee welcomes the establishment of the Higher Committee on Human
Rights in 2008 which is in charge of reviewing existing laws and regulations and proposing
amendments, to integrate fundamental concepts of human rights into school and university
curricula.
6.
The Committee notes with satisfaction that on 12 May 2010 the State party has
extended invitations to all special procedures mechanisms of the Human Rights Council.
C.
Principal subjects of concern and recommendations
Definition and criminalization of torture
7.
The Committee welcomes the commitment of the State party made by its
representatives during the dialogue to enact a specific law to adopt a definition of torture in
full conformity with article 1 of the Convention as well as to amend its national legislation
in order to ensure appropriate penalties for torture and ill-treatment. However, the
Committee notes with concern that current legal provisions fail to give a definition of
torture and to ensure appropriate penalties applicable to such acts, as they set the maximum
penalty of three years and/or a fine of 225 dinars for arrest, imprisonment or detention not
prescribed by law and seven years only if such acts are combined with physical torture or
threats of death (arts. 1 and 4).
The Committee reiterates its previous recommendation (A/53/44, para.230) that
a crime of torture, as defined in article 1 of the Convention, be incorporated into the
penal domestic law of the State party ensuring that all the elements contained in
article 1 of the Convention are included.
The State party should revise its national legislation to ensure that acts of
torture are offences under criminal law and are punishable by severe penalties which
take into account the grave nature of these acts, as required by article 4, paragraph 2,
of the Convention.
Fundamental legal safeguards
8.
While noting that the Code of Criminal Procedure (17/60) and the Prison Regulation
Act (26/1962) contain provisions providing some legal safeguards to detainees such as the
right to have access to a lawyer, to notify a relative, to be informed about the charges laid
against them and to appear before a judge within a time limit in accordance with
international standards, the Committee notes with concern that these provisions are little
respected. In addition, while noting that article 75 of the Code of Criminal Procedure
guarantees to an accused person the right to hire a lawyer to defend him or her and attend
the interrogation session, the Committee is concerned that the lawyers may only speak with
the permission of the investigator (art. 2).
The State party should promptly take effective measures to ensure that all
detainees are afforded, in practice, all fundamental legal safeguards from the very
outset of the detention, including the rights to have prompt access to a lawyer and an
independent medical examination, to notify a relative, to be informed of their rights at
the time of detention, including about the charges laid against them, and to appear
before a judge within a time limit in accordance with international standards.
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