CAT/C/TGO/CO/3
(e)
Act No. 2015-005 of 28 July 2015 on the special status of police personnel;
(f)
The new Code of Military Justice (Act No. 2016-008 of 21 April 2016);
(g)
Decree No. 2013-013/PR of 6 March 2013 on maintaining and restoring
public order;
(h)
Decree No. 2014-103/PR of 3 April 2014 amending Decree No. 2013-040/PR
of 24 May 2013 on the establishment of the High Commission for Reconciliation and
Strengthening of National Unity.
6.
The Committee further welcomes the State party’s cooperation with the special
procedures mandate holders of the Human Rights Council.
C.
Principal subjects of concern and recommendations
Pending follow-up issues from the previous reporting cycle
7.
In paragraph 24 of its previous concluding observations, the Committee requested
the State party to provide, by 23 November 2013, information on the follow-up given to the
following recommendations: (a) ensure the entry into force of the new Criminal Code and
the new Code of Criminal Procedure as a matter of urgency; (b) urgently improve
conditions of detention; (c) strengthen or ensure respect for the legal safeguards to which
detainees are entitled; and (d) prosecute and punish perpetrators of acts of torture and illtreatment. In the light of the information received from the State party on 25 November
2013 under the follow-up procedure (CAT/C/TGO/CO/2/Add.1), the Committee considers
that its recommendations have only been partially implemented. The above issues are
addressed in paragraphs 9, 11, 25 and 27 of these concluding observations.
Definition and criminalization of torture
8.
Recalling paragraph 7 of its previous concluding observations and the
recommendations of the Subcommittee on Prevention of Torture and Other Cruel, Inhuman
or Degrading Treatment or Punishment (CAT/OP/TGO/1, para. 109), the Committee
welcomes the adoption of the new Criminal Code (Act No. 2015-010) and of Act No. 2016027 amending it – which contain, in article 198, a definition of torture in line with article 1
of the Convention, make torture a separate offence and set forth punishments
commensurate with the gravity of the offence – but remains concerned at the lack of
provisions that explicitly provide for: (a) complicity in torture or attempts to commit torture;
and (b) the criminal responsibility of superior officers who are aware of acts of torture or
ill-treatment committed by their subordinates. The Committee is also concerned about the
delayed adoption of the preliminary draft Code of Criminal Procedure, which will give
effect to the above-mentioned provisions (arts. 1 and 4).
9.
The State party should:
(a)
Introduce the necessary provisions into the Criminal Code so as to
explicitly provide for complicity in torture and attempts to commit torture, in
accordance with article 4 (1) of the Convention, and to ensure that superior officers
are held criminally responsible when acts of torture are committed at their instigation
or with their consent or acquiescence;
(b)
Take the necessary measures to ensure that the Criminal Code is widely
publicized, that it is disseminated among the general public and that judges and
public prosecutors are made familiar with its contents, in order to ensure in practice
that acts of torture are criminalized and punished;
(c)
Promptly adopt the preliminary draft Code of Criminal Procedure.
Fundamental legal safeguards
10.
While it welcomes the preliminary draft Code of Criminal Procedure, the Committee
remains concerned that there is presently a legal vacuum when it comes to fundamental
legal safeguards. Recalling paragraph 10 of its previous concluding observations, the
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