A/HRC/43/49/Add.1 105. The conditions in detention (police cells and prisons) observed by the Special Rapporteur amount to cruel, inhuman and degrading treatment or punishment in clear violation of the Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment. The prison system lacks the most basic medical provisions. Overcrowding did not appear to be a major factor; however, due to the suspension of the visit, the Special Rapporteur was unable to obtain an accurate overview of all places of detention. 106. The much needed project to renovate Moroni Prison, which was to be funded by the European Union, was reportedly cancelled because the Government was not prepared to implement the necessary reforms (in particular the reinstatement of both the Constitutional Court and the National Commission for Preventing and Fighting Corruption). 107. The Comoros lacks an effective independent monitoring or reporting system to guarantee the detection and documentation of situations of torture and ill-treatment. Furthermore, despite requests, no statistics were provided regarding formal investigations into allegations. The prohibition of torture and ill-treatment is one of the most fundamental norms of international law and allows for no exceptions under any circumstances. B. Recommendations 108. The Special Rapporteur believes that there is no better deterrent to torture and other cruel, inhuman or degrading treatment or punishment than the unambiguous expression and determined implementation of a strong political will to prevent, investigate and prosecute such abuse. 109. In the spirit of engagement, the Special Rapporteur recommends that the Government take decisive steps to implement the recommendations set out below, with appropriate financial and logistical assistance from the international community, including the United Nations and other actors. Hopefully these recommendations can be a useful road map for much-needed legal, institutional and infrastructural reforms. 110. With regard to international human rights treaties and engagement with United Nations mechanisms, the Government should: (a) Prioritize the ratification of the International Covenant on Civil and Political Rights, the International Convention for the Protection of All Persons from Enforced Disappearance and the Optional Protocol to the Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment; (b) Submit reports to the relevant United Nations treaty bodies in relation to the international treaties it has ratified, in line with its international obligations, in particular the Committee against Torture and the Committee on the Rights of the Child; (c) Implement the recommendations that it accepted during the universal periodic review (A/HRC/41/12);12 (d) Develop institutional capacity in order to report to the relevant treaty bodies where it has ratified human rights treaties, in line with its international obligations. 111. With regard to the Constitution, legislation and the judiciary, the Government should: (a) Reform the judiciary and reinstate the Constitutional Court; (b) 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 (2) of the Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment; 12 14 The Comoros was reviewed on 25 January 2019.

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