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law, that the lack of definition of torture in the Penal Code is compensated by the
direct application in domestic courts of the definition appearing in the Convention.
The State party should also provide the Committee with illustrative cases of direct
application of the Convention in its next periodic report.
Superior orders
9.
While noting that article 48, paragraph 2, of the Constitution provides for the right
of any citizen to challenge a superior order and that the internal instruction of the National
Police also provides for subordinates not to execute orders that are contrary to the law, the
Committee expresses its concern at the lack of procedures to effectively implement such
rules (art. 2).
The State party should guarantee, as a matter of practice, the right of a subordinate
to refuse to execute an order from his or her superior that is contrary to the
Convention. It should also ensure, in practice, that the execution of such act may not
be a justification of torture, in full conformity with article 2, paragraph 3, of the
Convention.
Allegations of torture and ill-treatment
10.
The Committee expresses its concern about allegations of torture that has occurred
in some detention facilities in the State party, in particular reports of 18 cases of torture and
ill-treatment (such as severe beatings and electric shocks) during interrogations by Rwanda
military intelligence in the Kami and Kinyinga camps, and by other security personnel in
“unlawful places,” including the mistreatment of political prisoners, notably Bertrand
Ntaganda, Célestin Yumvihoze, Dominique Shyirambere and Victoire Ingabire (arts. 2, 11,
12 and 13).
The State party should take immediate and effective measures, to prevent torture and
ill-treatment in all detention facilities and other places of deprivation of liberty in its
territory. It should promptly, impartially and thoroughly investigate the 18 alleged
cases of torture, and the reported cases of torture and ill-treatment of political
prisoners, and prosecute and punish those responsible with appropriate penalties.
Further to the investigation, the State party should ensure that those subjected to
torture or ill-treatment are provided with redress, including rehabilitation.
Report on secret detention centres
11.
The Committee, though noting the statement by the delegation denying the existence
of detention in secret places, nevertheless expresses its concern about reports of detainees
held in “unofficial detention centres” without having been charged of a crime or brought
before a court, nor having access to independent lawyers and to a doctor. The Committee is
concerned at the reported 45 cases of unlawful detention in military camps and other
alleged secret detention facilities in 2010 and 2011, where the time of detention ranged
from 10 days to two years without the provision of legal safeguards (arts. 2, 11 and 12).
The State party should ensure that no-one is detained in secret or unofficial facilities
and prevent all forms of unlawful detention in its territory as well as initiate
investigations into such allegations. The State party should, as a matter of urgency,
close such facilities and promptly ensure that those detained in such places are
provided with all legal safeguards, in particular, the right to promptly appear before a
judge, no later than 48 hours after arrest or detention (see Basic Principles on the
Role of Lawyers, para. 7), the right to a lawyer of his/her choice, and the right to a
medical examination. The State party should establish and make public, in law, an
official list of all places of detention, and promulgate penalties for those responsible
for detaining persons outside of legal detention facilities.
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