CAT/C/GAB/CO/1
(g)
The United Nations Convention against Transnational Organized Crime (10
December 2004);
(h)
The Optional Protocol to the Convention on the Elimination of All Forms of
Discrimination against Women (5 November 2004); and
(i)
The Rome Statute of the International Criminal Court (20 September 2000).
5.
The Committee takes note with appreciation of the State party’s efforts to revise its
legislative framework by means of, inter alia:
(a)
The adoption of the Code of Criminal Procedure (Act No. 36/10 of 25
November 2010);
(b)
The adoption of Act No. 3/2010 of 2010, which abolished the death penalty;
(c)
The adoption of Act No. 0038/2008 of 29 January 2009, which is designed to
combat and prevent the practice of female genital mutilation; and
(d)
The adoption of Ordinance No. 013/PR/2010 of 9 April 2010 on the status of
the national police force, article 135 of which establishes two categories of culpable police
action (disciplinary breaches and misconduct).
6.
The Committee welcomes the creation of a national committee in January 2007 to
prepare human rights reports for Gabon, as well as the signing of the Multilateral
Cooperation Agreement to Combat Trafficking in Persons, Especially Women and
Children, in West and Central Africa and the adoption of a resolution on combating
trafficking in children. The Committee also takes note with appreciation of the State party’s
cooperation with the Special Rapporteur on the human rights aspects of the victims of
trafficking in persons, especially women and children, who visited Gabon from 14 to 18
May 2012.
C.
Principal subjects of concern and recommendations
Definition of torture
7.
The Committee is concerned by the fact that the references to torture made in article
1, paragraph 1, of the Constitution and in article 253 of the Criminal Code of Gabon do not
set out a definition of torture, which should include acts involving the infliction of mental
pain or suffering. Nor is the offence of torture defined anywhere else in the State party’s
criminal legislation, which is clearly in breach of its obligations under the Convention. (art.
1)
The State party has an obligation to revise its legislation, particularly its Criminal
Code, with a view to adopting a definition of torture which, in accordance with article
1 of the Convention, includes acts involving the infliction of mental pain or suffering,
along with a provision that specifically criminalizes it. The State party should also
ensure that the Criminal Code sets out appropriate penalties for acts of torture.
Criminalization of attempted torture
8.
The Committee is concerned by the fact that the provisions contained in articles 46
and 47 of the Code of Criminal Procedure that refer to the Attorney General’s ability to lay
charges and initiate legal action do not explicitly criminalize either attempts to commit
torture or acts which constitute complicity or participation in torture and therefore are not in
full compliance with article 4 of the Convention. (art. 4)
The State party should make the necessary modifications in its Criminal Code to
explicitly criminalize attempts to commit torture and acts constituting complicity or
2
GE.13-40305