A/HRC/40/15
8.
Chad had also ratified the following instruments: the United Nations Convention
against Transnational Organized Crime, which was a legal instrument for the prevention
and punishment of trafficking in persons; the International Convention for the Suppression
of the Financing of Terrorism; the United Nations Convention against Corruption; the
Convention on Extradition and Mutual Legal Assistance in Counter-terrorism and the
tripartite agreement between Chad, Mali and the Niger on judicial cooperation.
9.
On the legislative front, Chad was particularly committed to developing its legal
system, including through amendments to the Criminal Code and the Code of Criminal
Procedure that brought the country’s practices into line with its international commitments.
The relevant definitions and provisions under international conventions, including in the
areas of combating torture and of international humanitarian law, had been incorporated
into the new Criminal Code.
10.
The National Commission on Human Rights had been reformed pursuant to Act No.
026/PR/2017, revised and adopted by the National Assembly. This reform, which had been
made possible thanks to cooperation with various national and international actors, was
regarded as a model of good practice in terms of legislation on national human rights
institutions. In addition, in the context of the establishment of the institutions of the Fourth
Republic, the Government had enshrined the Commission’s status in the Constitution,
placing it among the major institutions of the Republic and giving it greater authority and
visibility. The Commission would also serve as an anti-torture and torture prevention
mechanism in accordance with the Optional Protocol to the Convention against Torture and
Other Cruel, Inhuman or Degrading Treatment or Punishment.
11.
The Minister of Justice stated that support from the country’s partners was needed in
order to abolish the death penalty given that the maintenance of serious criminals and
terrorists required out of the way maximum security detention centres and careful
management in order to avoid any negative influence on other inmates. With respect to the
death sentence handed down in August 2018, he emphasized that, as Minister of Justice, it
was difficult for him to comment on a judicial decision. However, as a judge, he said that
the judges had found the evidence sufficiently compelling to conclude that acts of terrorism
had taken place. The Act on the Prevention and Punishment of Acts of Terrorism, of 15
July 2015, was being revised with the support of partners from the European Union and the
United Nations Office on Drugs and Crime. The new law would bring the definition of
terrorism into line with international standards and would be implemented with strict
respect for the right of all persons to a fair trial.
12.
In terms of legislative advances, the Minister of Justice cited the following laws: the
Act of 21 July 2015 on the Prohibition of Child Marriage; the Ordinance of 30 March 2018
on Combating Human Trafficking in Chad; the Prison System Act, of 28 July 2017; the Act
of 10 February 2014 on Combating Cybercrime; the Personal Data Protection Act, of 14
February 2014; the Act of 10 February 2014 on the Establishment of the National Agency
for Cybersecurity and Electronic Certification; the Consumer Rights Protection Act, of 4
February 2015; and the Decree of 19 February 2014 on the implementation of the Act of 10
May 2013 on Civil Status in Chad. This decree helped to give effect to the Act on Civil
Status, which provided certain legal guarantees for persons born in Chad, whether they
were Chadians, foreign nationals or refugees.
13.
With regard to cooperation with the special procedures and the treaty bodies, Chad
stood ready to participate and interact with the relevant entities. The Government had
issued open invitations to the special procedures mandate holders. Accordingly, in late
2017 and early 2018, the country had welcomed independent experts from the Working
Group on the issue of discrimination against women in law and in practice and the Working
Group on the use of mercenaries as a means of violating human rights and impeding the
exercise of the right of the peoples to self-determination. Chad and its Government were
willing to receive other experts who might wish to undertake visits to the country. A report
on the implementation of the Convention against Torture and Other Cruel, Inhuman or
Degrading Treatment or Punishment had been submitted to the Committee against Torture,
while reports under the Convention on the Rights of the Child and the Convention on the
Elimination of All Forms of Discrimination against Women that had been adopted would
be transmitted shortly.
GE.18-22801
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