CAT/C/TGO/CO/2
National Human Rights Commission that “inhuman and degrading acts of physical and
mental violence have been committed against detainees” and allegedly against persons
linked to the attempted coup in 2009 who were held on the premises of the National
Intelligence Agency and in other places of detention. The Committee is also concerned that
the new Code of Criminal Procedure, which provides for the inadmissibility of confessions
obtained under torture, is still not in force (arts. 2, 11, 15 and 16).
The State party should:
(a)
Give clear instructions to members of the security forces (police and
gendarmerie) regarding the absolute prohibition and criminalization of torture and
the fact that such acts will not be tolerated and that perpetrators will be prosecuted;
(b)
Take effective measures without delay to ensure that in-depth, prompt,
independent and impartial investigations are conducted into all allegations of torture
and ill-treatment and that the perpetrators of such acts are brought before the courts,
which should punish them with appropriate penalties under the relevant criminal
legislation, and that the outcomes are publicized;
(c)
Expedite the adoption by Parliament of the new Criminal Code and the
new Code of Criminal Procedure and ensure that confessions obtained under torture
and the subsequent proceedings are declared null and void, and raise awareness
among judges of the inadmissibility of statements obtained under torture and of the
obligation to initiate investigations when allegations of torture are brought to their
attention.
Fundamental legal safeguards
10.
The Committee is concerned that the fundamental legal safeguards of detainees are
often violated and that arbitrary arrests and detention could take place. The Committee is
concerned that some periods of custody exceed the legal time limits, particularly outside the
capital. It is also concerned that legislation provides for the assistance of a lawyer only as of
the 25th hour of deprivation of liberty, and that lawyers have only 30 minutes to speak to
their clients in private. The Committee is also concerned that the assistance of a lawyer is
not systematically guaranteed for poor persons from the beginning of proceedings but only
at the trial stage, and that suspects are not always given the opportunity after their arrest to
immediately consult a judge and a doctor and to contact their family (arts. 2 and 11).
The State party should:
(a)
Immediately take effective measures to guarantee that all persons
deprived of their liberty enjoy all the fundamental legal safeguards from the outset of
their detention, namely the right to be informed of the reasons for their arrest and to
have prompt access to legal counsel and, if necessary, to legal aid;
(b)
Ensure that detainees can be examined by an independent doctor or a
doctor of their choice, contact a member of their family, be brought before a judge
without delay, and have the legality of their detention examined by a court, in
accordance with international standards;
(c)
Release and compensate all persons detained irregularly or arbitrarily;
(d)
Establish a procedure in the Code of Criminal Procedure allowing the
victims of miscarriages of justice to receive reparation.
Impunity and investigations
11.
GE.12-48668
The Committee is deeply concerned by:
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