CAT/C/CUB/CO/2
(c)
2007); and
The Convention on the Rights of Persons with Disabilities (6 September
(d)
The International Convention for the Protection of All Persons from Enforced
Disappearance (2 February 2009).
5.
The Committee also welcomes the State party’s efforts to amend its policies and
procedures to ensure greater protection for human rights and apply the provisions of the
Convention, in particular:
(a)
Approval of a master plan for investment in the prison system, due to be
implemented progressively until 2017;
(b)
Continuation of the State party’s scholarship programme for refugees which
enables them to pursue secondary, university or higher secondary education and is currently
benefiting 366 refugees, most of them Saharawis;
(c)
The continuing work of the National Group for the Prevention and Treatment
of Domestic Violence.
6.
The Committee notes the State party’s positive response to the request for a visit of
the Special Rapporteur on the question of torture, which was subsequently confirmed in the
voluntary commitments assumed by Cuba during the universal periodic review performed
by the Human Rights Council in February 2009 (A/HRC/11/22, para. 130 (37)). The State
party noted the Special Rapporteur’s interest in making this visit but the dates have not yet
been confirmed (A/HRC/19/61, para. 6).
C.
Principal subjects of concern and recommendations
Definition and crime of torture
7.
While noting the information provided by the State party regarding work towards a
possible reform of the Criminal Code, the Committee regrets that torture, as defined in
article 1 of the Convention, is still not codified as a specific offence. As regards the State
party’s assertion that other similar criminal offences are expressly defined in its domestic
legislation, the Committee draws the State party’s attention to its general comment No. 2
(2007), on the implementation of article 2 by States parties, which emphasizes the
preventive value of codifying torture as a distinct offence (CAT/C/GC/2, para. 11) (arts. 1
and 4).
The Committee reiterates the recommendation made in 1997 (A/53/44, para. 118 (a))
that the State party should expressly criminalize torture in its domestic legislation and
should adopt a definition of torture covering all the aspects contained in article 1 of
the Convention. The State party must also ensure that such offences are punishable by
appropriate penalties which take into account their grave nature, in accordance with
article 4, paragraph 2, of the Convention.
Fundamental due process safeguards
8.
While noting the information provided by the State party concerning the content of
the Criminal Procedure Act and related implementing regulations, the Committee highlights
the lack of information on procedures in place to ensure the practical application of
fundamental legal safeguards. The Committee is concerned about consistent reports that the
State party does not extend all legal safeguards, including prompt access to a lawyer and an
independent medical examination and notification of arrest to a family member, to all
prisoners, including in particular those who are deprived of their liberty on alleged political
grounds, from the outset of detention. The Committee regrets that no statistical data have
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