A/HRC/28/68/Add.4
106.
With regard to international human rights treaties, the Government should:
(a)
Deposit the instrument with the Secretary-General so that it is formally
recognized that the Convention against Torture and Other Cruel, Inhuman or
Degrading Treatment or Punishment has been ratified;
(b)
Prioritize the ratification of the Convention on the Rights of Persons
with Disabilities and its Optional Protocol and the International Convention for the
Protection of All Persons from Enforced Disappearance.
107.
With regard to the Constitution and legislation, the Government should:
(a)
Incorporate clear provisions into the Constitution and national laws to
the effect that the prohibition of torture is absolute and non-derogable, in accordance
with article 2, paragraph 2, of the Convention against Torture and Other Cruel,
Inhuman or Degrading Treatment or Punishment;
(b)
Take the necessary measures to ensure that torture is established as an
offence in national law and adopt a definition of torture that includes all the elements
contained in article 1 of the Convention. The Government should also ensure that
such offences are made punishable by appropriate penalties that take into account
their grave nature, in accordance with article 4.2 of the Convention;
(c)
Amend the Criminal Procedure Code concerning evidence to be
admitted in judicial proceedings, to bring it into line with the provisions of article 15
of the Convention and to explicitly exclude any evidence obtained as a result of
torture;
(d)
Review all legal provisions that impede freedom of expression, as they
are broad and subject to abuse by law enforcement agencies, in particular the
National Intelligence Agency, resulting in the detention and interrogation of persons,
in particular journalists, human rights defenders, opposition leaders and even former
members of the military or the Government, all of whom are at risk of torture or illtreatment during interrogation;
(e)
Amend section 18, paragraph 4, of the Constitution and all relevant laws
to ensure that the powers of all law enforcement and security forces are stipulated and
are subject to the Basic Principles on the Use of Force and Firearms by Law
Enforcement Officials;
(f)
Conduct a systematic review of criminal legislation on drug offences and
sentencing policies on drug offences and other lesser, non-violent offences with a view
to reducing lengthy sentences;
(g)
Repeal laws that target and criminalize lesbian, gay, bisexual,
transgender and intersex persons and take action to combat violence, threats and
intimidation on the basis of sexual orientation and gender identity.
108.
With regard to safeguards and prevention, the Government should:
(a)
Ensure the prompt registration of all persons deprived of their liberty
and periodically inspect custody records at police and prison facilities to make sure
that they are maintained in accordance with the procedures established by law;
(b)
Guarantee detainees the right to a lawyer in all circumstances and
without exception and ensure that they have access to a lawyer from the moment of
deprivation of liberty and are brought before a magistrate within 48 hours of
apprehension;
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