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remains concerned that the State party has still not incorporated into domestic law the crime of
torture as defined in article 1 of the Convention. (arts. 1 and 4)
The Committee reiterates its previous recommendation (A/54/44, para. 169(a)) that
the State party proceed to incorporate into domestic law the crime of torture and
adopt a definition of torture that covers all the elements contained in article 1 of the
Convention. The State party should also ensure that these offences are punished by
appropriate penalties which take into account their grave nature, as set out in
article 4, para. 2 of the Convention.
Preventive detention
6.
The Committee expresses its concern at the length of preventive detention. It also regrets
that the maximum period for preventive detention is set by reference to the penalty for the
offence of which the person stands accused. (arts. 2, 11 and 16)
The State party should urgently take appropriate measures to considerably reduce
the length of preventive detention and restrict such detention to those cases, where it
is deemed to be strictly necessary. Furthermore, the Committee encourages the
State party to apply alternative non-custodial measures.
Fundamental safeguards
7.
The Committee is concerned at allegations that fundamental legal safeguards for persons
detained by the police, including the rights of access to a lawyer, are not being observed in all
situations. In this respect, the Committee is concerned that Act. No. 155/2005 (the “Pisanu
Decree”) includes a provision that extends the permissible period of deprivation of liberty by the
police for identification purposes from 12 to 24 hours. Furthermore, an accused person may be
held in detention for five days under a reasoned decree adopted by an investigating judge before
being allowed to contact an attorney. (arts. 2, 13 and 16)
The State party should take effective measures to ensure that the fundamental legal
safeguards for persons detained by the police are respected. The State party should
reduce the maximum period during which a person may be held in custody
following arrest on a criminal charge, even in exceptional circumstances, to less
than the present five days. Furthermore, the State party should ensure that persons
in police custody benefit from an effective right of access to a lawyer, as from the
very outset of their deprivation of liberty.
National human rights institution
8.
The Committee notes that the State party has not yet established a national human rights
institution. However, it takes note of the approval of the Chamber of Deputies on 4 April 2007 of
Senate Act No. 1463 on the establishment of a national institution for the protection of human
rights, including a Guarantor for the rights of detainees. (art. 2)
The State party should proceed with the establishment of an independent national
human rights institution, in accordance with the principles relating to the status of
national institutions for the promotion and protection of human rights (the Paris
Principles), annexed to General Assembly resolution 48/134. In this respect, the
State party is encouraged to promptly adopt the necessary legislation.