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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