CAT/C/RWA/CO/1
(c)
The International Convention on the Protection of the Rights of All Migrant
Workers and Members of Their Families, on 15 December 2008;
2008;
(d)
The Convention on the Rights of Persons with Disabilities, on 15 December
(e)
The Optional Protocol to the Convention on the Rights of Persons with
Disabilities, on 15 December 2008.
5.
The Committee notes the efforts undertaken by the State party to reform its
legislation, including:
(a)
The adoption in 2003 of the Constitution, in which article 15 states that no
person shall be subjected to torture, physical abuse or cruel, inhuman or degrading
treatment;
(b)
torture;
The adoption in 2012 of a new Penal Code, which defines the offence of
(c)
production;
The adoption in 2004 of Law No. 15/2004 relating to evidence and its
(d)
The adoption in 2001 of Law No. 27/2001 relating to the rights and
protection of the child against violence, which states that a child should not be subjected to
torture or to cruel, inhuman and degrading treatment;
(e)
The adoption in 2007 of Organic Law No. 37/2007 on the abolition of the
death penalty;
(f)
The adoption in 2008 of the Law on the prevention and punishment of
gender-based violence.
6.
The Committee also welcomes the efforts made by the State party regarding ongoing
policies and procedures, including the establishment of the Office of the Ombudsman.
C.
Principal subjects of concern and recommendations
Definition and criminalization of torture
7.
While welcoming the information provided by the delegation that the newly
adopted, but not yet promulgated, Penal Code contains a definition of torture in its article
166, the Committee is concerned that the penalties (six months to five years) provided for
in article 205 of said code are lenient. Furthermore the penalties do not cover acts of torture
involving the infliction of mental pain or suffering (arts. 1 and 4).
The State party should promulgate and implement the newly adopted Penal Code as
soon as possible, ensuring that the definition of torture is in conformity with the
Convention. The State party should further ensure that it provides for appropriate
penalties for acts of torture, including the infliction of mental pain or suffering.
Direct application of the Convention before domestic courts
8.
While noting that the Convention can be directly invoked before domestic courts,
the Committee expresses its concern at the lack of information about cases in which the
Convention has been applied or invoked before courts in the State party (arts. 2, 10, 12, 13
and 16).
The State party should ensure that public officials, judges, magistrates, prosecutors
and lawyers receive training on the provisions of the Convention so as to facilitate its
direct invocation before and its application by domestic courts. The State Party
should further ensure, in the transitional period before the promulgation of the new
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