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 2 GE.19-14561

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