Prohibition of torture and cruel, inhuman or degrading treatment or punishment

25.The Committee is concerned that not all elements of the crime of torture are criminalized by the Penal Code and that the Penal Code does not fully reflect the gravity of the crime of torture. The Committee is also concerned about excessive use of force by law enforcement officers and prison service officers and that criminal proceedings against law enforcement officers and prison service personnel are seldom conducted. (art. 2, 7 and 10)

26.The State party should:

(a)Amend the Penal Code to ensure that all elements of the crime of torture are prohibited in accordance with Article 7 of the Covenant and to stipulate sanctions for acts of torture that are commensurate with the gravity of the crime; and

(b)Ensure that all reported allegations of and complaints about acts of torture and ill-treatment are promptly and properly investigated. Also ensure that alleged perpetrators are prosecuted and, if convicted, punished with appropriate sanctions, and that victims have access to redress, including adequate compensation.

Elimination of slavery and servitude

27.The Committee reiterates its concern that the Penal Code does not contain a provision protecting victims of trafficking from being prosecuted, detained or punished for the activities in which they were involved as a direct consequence of their situation as trafficked persons. The Committee is also concerned about the low number of identified potential victims and by the low conviction rate of perpetrators of trafficking. The Committee is further concerned about the lack of an adequate statutory definition of forced labour. (art. 8).

28.The State party should:

(a)Provide in the Penal Code that victims of trafficking are exempt from prosecution, detention or punishment for activities they were involved in as a direct consequence of their situation as trafficked persons,

(b)Establish a mechanism to identify vulnerable persons within the migration flow, as well as a common referral mechanism to ensure their protection and rehabilitation;

(c)Ensure that forced labour is prohibited in accordance with article 8 of the Covenant; and

(d)Ensure that allegations of trafficking are thoroughly investigated, alleged perpetrators prosecuted and, if convicted, punished with appropriate sanctions, and that victims have access to legal assistance and reparation.

Right to liberty and security of persons and humane treatment of persons deprived of their liberty

29.While welcoming the progress made by the State party in addressing the issue of pre-trial detention, the Committee is concerned about reports alleging: a) the non-existence of a defined temporal limitation for pre-trial detention, b) the use of pre-trial detention solely on the ground of the severity of the penalty, c) the possibility of prolonging a pre-trial detention period without specifying a time-limit or the reasons for the extension; and d) the application of the 14 days pre-trial detention without charges and the possibility of its extension under the new Counterterrorism Law of June 2016. (arts. 9 and 14)