A/HRC/42/49
c)
Amend the Code of Criminal Procedure to align its provisions with
international standards, in particular the provisions on time limits for police custody and on
oversight of detention, night-time and warrantless searches, the flagrante delicto procedure
and the offence of “undermining the internal security of the State”, and provisions that
grant de jure impunity to judges and to officers of the criminal investigation police (police
judiciaire);
d)
Put an end to arbitrary detention and improve conditions of detention by:
i) Implementing the Guidelines on the Conditions of Arrest, Police
Custody and Pre-Trial Detention in Africa adopted by the African
Commission on Human and Peoples’ Rights;
ii) Ensuring that detention is subject to oversight measures for assessing
its legality and compatibility with human rights.
e)
In the absence of an independent and efficient judicial system, cooperate
fully with the International Criminal Court in the investigation opened on 25 October 2017;
f)
Undertake an in-depth reform of the judicial system to ensure its
independence, impartiality and effectiveness, including by:
i) Implementing the Principles and Guidelines on the Right to a Fair
Trial and Legal Assistance in Africa adopted by the African Commission on
Human and Peoples’ Rights;
ii) Publishing the conclusions of the national forum on the justice system
held in 2013 and convening a meeting of justice-sector stakeholders and
international partners to discuss follow-up action;
iii) Increasing the budget for the justice sector and ensuring that it is
managed autonomously;
iv) Raising the pay levels of judges in the ordinary courts and increasing
the resources and facilities available to them;
v) Computerizing court registries;
vi) Reviewing the composition of the Judicial Service Commission to
ensure that the majority of its members are appointed by their peers;
vii)
Reviewing procedures for the appointment, assignment,
evaluation and promotion of judges to ensure that such procedures are not
dependent on the executive branch;
viii) Ensuring strict observance of the principle that judges should have
security of tenure;
ix) Protecting and safeguarding the independence of the judiciary by
prohibiting any interference in the administration of justice by government
authorities, members of the ruling party or members of the defence and
security forces, and imposing penalties on anyone who influences or seeks to
influence the administration of justice;
x) Developing legal aid programmes for persons belonging to the most
vulnerable groups;
xi)
Strengthening victim and witness protection mechanisms and
improving their effectiveness in order to restore public trust and encourage
witnesses to come forward without fear for their safety.
g)
In consultation with the beneficiaries, establish a reparations programme for
victims of human rights violations, ensuring that material, symbolic, individual and
collective reparations are made available regardless of whether or not the perpetrators are
convicted;
h)
Establish the State fund for victims of torture provided for by law, in
conformity with general comment No. 4 on the African Charter on Human and Peoples’
40
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