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HUMAN RIGHTS COMMITTEE CONSIDERS REPORT OF THE CENTRAL AFRICAN REPUBLIC
13 July 2006
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Human Rights Committee
13 July 2006
The Human Rights Committee has considered the second periodic report of the Central African Republic on how that country is implementing the provisions of the International Covenant on Civil and Political Rights.
Introducing the report, Thierry Maleyombo, High Commissioner for Human Rights and Good Governance of the Central African Republic, said that the present report testified to the strong commitment of the new Government to human rights – the disregard for which had led to the patriotic uprising of 15 March 2003. Recently, the National Assembly had adopted a law on ratifying the United Nations Convention against Corruption, as well as the Additional Protocol to the International Criminal Court (ICC). However, since December 2005, the work of the new authorities and the Central African people had been subject to acts of aggression by criminal groups and rebels supported by foreign powers. There was no doubt that human rights would suffer, and he appealed to the international community to condemn those aggressions to which his country was a victim.
In preliminary concluding remarks, Committee Chairperson Christine Chanet said that the Committee welcomed the legal guarantees that had been undertaken to ensure the freedom of the press, as well as measures taken by the Central African Republic to give separate treatment for minors in police custody. However, concerns remained. In particular, it was hoped that that the Central African Republic would abolish the death penalty in the new code – not on the basis of popular opinion, but on the basis of the state party’s obligations under the Covenant. Another issue was a prohibition on excision. Awareness-raising campaigns were all very well, but it was time to put a stop to the practice of female genital mutilation. That was not just a health concern, or a sanitation measure: it was an issue of discrimination against women.
Other Committee Experts raised questions and asked for further information on subjects pertaining to, among other things, why the Covenant was not being applied in the courts; what had been done to stop torture; the length of detentions and whether extensions were possible without judicial review; whether female genital mutilation would be criminalized in the new draft penal code; and what access detainees had to lawyers or medical services.
The Committee will issue its formal, written concluding observations and recommendations on the report of the Central African Republic towards the end of its session which will conclude on 28 July 2006.
The Central African Republic delegation also included Basile Diba, Director of the Department for Human Rights and Good Governance, and Firmin Findiro, Procurator of the Republic.
The Central African Republic is among the 156 States parties to the International Covenant and as such it is obligated to submit reports on its performance aimed at implementing the provisions of the treaty.
The Committee will reconvene in public on Monday, 17 July, at 10 a.m. to continue consideration of a draft revised general comment on article 14 (right to a fair trial).
Report of the Central African Republic
The second periodic report of the Central African Republic (CCPR/C/CAF/2004/2) says that the military and political crises that rocked the country throughout the 1990s and at the very beginning of the twenty-first century are largely responsible for the impoverishment and growing vulnerability of a large cross-section of the population. In the Human Development Report 2004, the Central African Republic ranked 169th out of 177 countries. More than 66.6 per cent of the 3,150,000 Central Africans live on less than US$ 1 a day, and life expectancy at birth was 39.8 in 2002. One consequence of the poverty perpetuated by bad governance is the high prevalence of HIV/AIDS. With a rate of 15 per cent, the Central African Republic is among the most infected countries in the world and ranks first among countries in the Central African sub-region.
The Central African Republic made a commitment to human rights over a decade ago, when it acceded to the International Covenant on Economic, Social and Cultural Rights and its Optional Protocol; the International Convention on the Elimination of All Forms of Racial Discrimination; the Convention on the Elimination of All Forms of Discrimination against Women; the Convention on the Rights of the Child; and the Statute of the International Criminal Court. Moreover, the country has major, significant assets for providing the Central African people with the material conditions required to improve their living standards and satisfy their basic needs. However, with each passing day and year, these assets are being eclipsed by constraints caused largely by ignorance and lack of will at all levels of Central African society. In judicial or administrative proceedings everyone has the right to a fair hearing and to be tried without undue delay by a competent, independent and impartial tribunal established by law. However, a criminal investigation department known as the Central Office for the Prevention of Banditry systematically carries out summary and extrajudicial executions of bandits with complete impunity.
Presentation of Report
THIERRY MALEYOMBO, High Commissioner for Human Rights and Good Governance of the Central African Republic, said that the present report was the expression of the Central African Republic’s respect for the fulfilment of its obligations under the International Covenant on Civil and Political Rights, and testified to the strong commitment of the new Government to human rights – the disregard for which had led to the patriotic uprising of 15 March 2003. For that reason, during his investiture on 11 June 2005, the President placed his mandate under the sign of human rights. The National Assembly at its last session adopted a law on ratifying the United Nations Convention against Corruption, as well as the Additional Protocol to the International Criminal Court (ICC) on the privileges and immunities to be accorded to members of the ICC on Central African territory.
In addition, Mr. Maleyombo said, the Central African Republic, through the High Commissioner for Human Rights and Good Governance, had begun a review of international human rights instruments that the Central African Republic had not yet ratified, with a view to doing so. Among those, particular attention was being given to ILO Convention No. 169 relating to the rights of indigenous and tribal peoples.
In conclusion, Mr. Maleyombo drew attention to the extremely grave security situation in the country since December 2005. The work of the new authorities and people of the Central African Republic has been subject to acts of aggression by armed gangs, criminal groups and rebels supported by foreign powers. There was no doubt that human rights would suffer and that there would be further deaths and attempts on human rights. He appealed to the international community to condemn those aggressions to which his country was victim. He was certain that the Central African Republic could count on the support of the Human Rights Committee to be an active partner in that task.
Questions by the Committee Experts
A series of questions were submitted in writing by the Committee Experts in advance of the meeting, to which the delegation responded.
Constitutional and Legal Framework within which the Covenant is Implemented; Combating Impunity
Responding to the written questions, the delegation said that the International Covenant on Civil and Political Rights was enshrined in the Constitution of 27 December 2004 and it took precedence over other laws. It had not yet been invoked before the courts or the legal authorities, however, as no individual complaints had been filed.
After 15 March 2003, the date of the patriotic uprising, the judicial authorities attached to the Court in Bangui instituted a judicial inquiry into the massive human rights violations and violations of international humanitarian law committed in 2002 and 2003. That inquiry was conducted with support from the United Nations Development Programme. Based on the findings of that inquiry, the Central African Court of Cassation had recently decided to send the alleged perpetrators and their accomplices to the ICC.
The delegation said that the national dialogue of 2003 had adopted a strongly worded recommendation on the creation of a truth and reconciliation committee and a victims’ compensation fund. The implementation of that recommendation was now in the hands of the National Mediation Council. The Government, however, was emerging from a very difficult period, and still lacked funds to implement the fund.
With regard to what supervisory measures have effectively been put in place to put an immediate stop to all forms of human rights abuses, the delegation said that, as far as the military was concerned, the High Commissioner of Human Rights and the Ministry of Defence met frequently to review cases of human rights violations. Decisions were taken and frequently officers were dismissed or demoted.
Equality between Men and Women; Combating Discrimination
The delegation said that the provisions of the Family Code concerning parental authority, choice of residence by spouses, and polygamy, were all currently under discussion. Nevertheless, the husband, who was the head of the family, had the right to exercise parental authority and chose the spouse’s residence. The Family Code had been reviewed, and steps had been taken to amend it, but the women did not wish for such reforms to be pursued. There was no special provision to ensure equitable representation of women in political life.
In November 2005, following democratic elections, a national policy on the promotion of equality and gender equity had been promulgated by the new authorities. However, the delegation noted that there was scarce interest by women in political involvement, despite efforts by the Government and women’s non-governmental organizations in that area. There were currently 2 women ministers, 11 women representatives in the National Assembly, and the head of the Prime Minister’s office was a woman.
Right to Life and Prohibition of Torture
The delegation said that crimes subject to capital punishment were all crimes covered by the Rome Statute – genocide, war crimes, crimes against humanity – or those resulting in death, such as murder, infanticide, terrorist acts and the like. The issue of abolishing the death penalty was still under discussion, but the majority of the population opposed abolishing the death penalty given the high level of insecurity and criminal acts owing to the multiple crises the country had suffered.
Security of the Person and Freedom from Arbitrary Arrest
The Central African Republic had had major difficulties in compiling statistics on this subject, owing to a lack of resources. Nevertheless, in Bangui, since January 2006 a remarkable effort had been made to do so. From January to April 2006, 224 convictions were handed down for a variety of offences. The Standing Military Tribunal had held three sessions from 2003 to 2005, with 190 convictions of military and defence forces for murder, fatal attacks, rape, wilful aggressions, arbitrary arrests, destruction of national identity cards and other offences.
Right to Life and Prohibition of Torture
Regarding the issue of female genital mutilation, the Government felt that the adoption in 2005 of the national policy on equality and gender equity, which promoted the participation of women in the development of the country, as decision-makers, would reduce the inequalities from which they suffered. The Government had also revised its plan of action to combat the harmful and violent practices against women in Central Africa. An awareness-raising campaign had been launched; the Government had, together with UNDP, begun a new, third survey with multiple indicators on the subject; and the Government was working hard to prepare stronger measures to put a stop to that practice.
Treatment of Persons Deprived of their Liberty
Regarding the Committee’s questions on Article 27 of the new Criminal Code, which apparently provided that persons sentenced to forced labour shall be assigned the harshest tasks, the delegation said that was an error that had crept into the language of the statute, and that it would be amended.
Security of the Person and Freedom from Arbitrary Arrest
Responding to the Committee’s inquiry as to whether General Ferdinand Bombayake, former director-general of the Presidential Security Unit, was still incarcerated at Camp Roux, the delegation said that he had been free since October 2005, living in Bangui.
Currently, the maximum limit for detention was 48 hours for misdemeanours, and 8 days for more serious crimes. It could be extended for a period equal in length to the initial period of detention. No rules had yet been passed on limits for pre-trial detentions, but the new draft code of criminal procedure contemplated a maximum limit of 6 months for such detentions. Access to a lawyer and medical services were allowed under that draft code in such circumstances.
Oral Questions by Committee Experts
Committee Experts then asked various questions and made comments on a number of topics, including why the International Covenant on Civil and Political Rights was not being applied in the courts of the Central African Republic; and what had been done to stop torture, which the Committee had reason to believe, given information from numerous non-governmental organizations, continued to be systematically practised in the country. Regarding detention, it was unclear what the difference in the requirements for a 48-hour detention and an 8-day one were, what the role of judges was in that determination and whether 8 days was a definite maximum. One Expert wondered why female genital mutilation had not been criminalized in the new draft penal code. An Expert, noting that the report had stated that the Central Office for the Prevention of Banditry systematically carried out summary and extrajudicial executions with impunity, wondered what was being done to address that situation.
It was one Expert’s understanding that, following the review of the initial report by the Central African Republic, the offences of charlatanism and witchcraft, which had carried the death penalty, were to be classed as more minor offences under Central African law, and he wondered what its status was in the draft penal code. With regard to abolishing the death penalty, an Expert observed that Governments had a special responsibility in that regard; if the question were left up to a popular referendum it might be very difficult to abolish the death penalty in many countries. An expert noted the time limits for detention seemed excessive, and wondered, too, what specifically was meant by saying that access to a lawyer or medical services was permitted during pre-trial detention, and what other rights they had to access to the outside world.
Delegation’s Response to Oral Questions
Responding to these oral questions and others, Mr. Maleyombo said that, regarding extrajudicial executions, recourse was available to the procurator, here today.
Concerning the reconciliation commission and a victims’ compensation fund, which were to have been set up, Mr. Maleyombo said that Bangui was not built in a day. There had simply been too much else for the State to do. There was no point in hiding things, and for this reason they put the truth in the report.
Mr. Maleyombo categorically denied one Expert’s allegation that systematic torture was practised in the Central African Republic. The Central African Republic could not come here to present its report if that were the case.
Continuing with further responses, another member of the delegation said that the Central African Republic preferred to entrust the abuses that had occurred in 2002 and 2003 to the International Criminal Court because of the acute lack of resources and lack of a functioning justice system. Also, some of the perpetrators accused were not nationals.
With regard to a report that alleged systematic torture was practised in the Central African Republic, the delegation said that report was not exactly objective. Cases of torture might occur, but that such a practise was systematic was not true. He himself was tasked with monitoring such violations in detention centres.
The extension of police custody was not systematic, the delegation said. If requested, the Attorney-General could assess the situation and decide whether an extension was justified. With regard to access to counsel while in detention, currently access was afforded, but it was not inscribed as a legal right. There were currently State doctors to examine those in detention, and if the detainee refused that examination he was able to name another doctor to carry that out.
Regarding the death penalty and why it had not yet been abolished, the delegation said that the Government was prepared to engage in discussions on the subject, but judged that the security situation should be stabilized first. Also, as was noted in the report, the death penalty had not been carried out in the country since 1981.
On corruption, the delegation said that there was a disciplinary board before which cases against government officials could be brought. For example, three Government ministers found guilty by the disciplinary board had been dismissed. Since 2005, within the judicial services a special prosecutor’s office had been established to investigate cases of corruption, embezzlement, and money-laundering. The Government, working with UNDP, had also established an inter-ministerial committee to draft a plan of action against corruption.
There were two provisions in the current Criminal Code for witchcraft, one of which carried the death penalty. However, the delegation observed that the elements of the offence that carried the death penalty were almost impossible to prove and no case had ever been prosecuted under that provision.
With regard to impunity, the delegation said it would like to address criticisms that it was widespread in the country. One of the major reasons behind that assertion was that there had been a considerable delay in processing claims. In Bangui, for example, there were some 480 cases brought before its two criminal courts each month. However, at the most, each court could hear four correctional cases a week. That gave rise to a feeling of impunity. There was a national dialogue on the subject and the Government was working with the European Union on the question.
The delegation said that the Government had a proactive policy on female genital mutilation. It was part of the culture of a number of sizeable ethnic groups in the country, but they were in the minority. The first phase of the Government’s policy had been an awareness-raising programme. Indeed, in the middle classes, the phenomenon had been abandoned. Currently, female genital mutilation was largely confined to rural areas, among the illiterate. Therefore the Government had begun a second phase of its campaign, taking concrete actions to prohibit and stop it. The delegation stated that it was not an offence under the law of the Central African Republic, but the question would be addressed by the new draft Criminal Code.
Further Oral Questions Posed by Experts
Committee Members asked other questions and made comments on varied topics, including whether detainees had immediate access to a lawyer upon being detained, and what happened if they could not afford one; and what the Government was doing to effect stricter regulations to limit police violence in the context of detention.
Response by Delegation
Responding to these and other questions, the delegation invited Committee members to visit the Central African Republic to witness the progress that had been made in human rights in the country. A similar invitation was extended to non-governmental organizations to come and visit the prisons of the Central African Republic. Law enforcement agents had to be careful, as the Commissioner for Human Rights and Good Governance was liable to come to inspect the situation in prisons or police detention centres at any time. To the delegation’s knowledge, there were no cases of violations of human rights in the context of prison or police detention.
A Committee Expert had talked about summary, extrajudicial killings committed by the Office for the Prevention of Banditry. But, the delegation said, the Office carried out a necessary task in the current security environment. In shooting matches, it was often the case that somebody died.
Regarding detention, in practice detainees already had the option of choosing a lawyer to defend them. When the accused in a criminal case did not have the means to afford a lawyer, the State automatically assigned one. But in non-criminal cases, no State lawyers were assigned and it was up to the detainee to use their own resources. Persons under legal detention were also free to choose their own doctors according to the Constitution.
Further Responses by Delegation to Written Questions
Treatment of Persons Deprived of their Liberty
The delegation said that the prisons in the Central African Republic dated from colonial times and were now very dilapidated. In addition, the central prison in Bangui had been destroyed in the events following the military and political crises between 1996 and 2003. Most provincial prisons were in ruins from neglect, though some had been restored and others were being rebuilt. Prisoners, both in Bangui and in the provinces, were regularly visited by medical staff. Minors were not imprisoned since children’s courts were set up in each prefecture in 2001. It was important to note that there were no specialized centres for juvenile delinquents.
Right to a Fair Trial
The delegation said that the judiciary was a separate power under the 2004 Constitution. Its independence was guaranteed by the existence of the Judicial Service Commission, the Advisory Commission of the State Council, and the Conference of Presidents and Principal State Prosecutor of the Auditor-General’s Department. Those bodies comprised ex officio and elected members and civilians. Judges held life appointments, but not prosecutors. The rules of judicial procedure provided for remedies so that people who had lost their cases could apply for review by a higher court.
Since compulsory military service was abolished in the 1980s, there had not been any form of alternative, non-punitive service in the Central African Republic. A law on community service as an alternative to imprisonment was now in force.
In keeping with the law on associations in the Central African Republic, restrictions on the recognition of associations were guided by the concern to protect national security, public order and other persons’ fundamental rights and freedoms.
Freedom of the press was guaranteed by national law and by the Constitution of 2004. Allegations that freedom of the press and of journalists were under threat were unfounded and unsubstantiated, the delegation said.
Dissemination of Information on the Covenant and the Optional Protocol
The delegation said that a report would be made in the written press and on radio and television for the benefit of the general public. Copies of the report, to which the Committee’s concluding observations would be appended, would be circulated widely at university research institutes and vocational training centres.
Further Oral Questions by Experts
Among others, Experts asked for further details on the prison population; laws governing associations; the state of civil society and non-governmental organizations; the number of human rights non-governmental organizations in the country; the appointment and approval of judges, their salaries and tenure, as well as mechanisms for oversight; and whether there was an independent institution responsible for ensuring and monitoring implementation of the Central African Republic’s obligations under the Covenant.
Response by the Delegation
The delegation said that it did not have precise details on the prison population, but there were certainly no more than 1,500 prisoners in the country. Bangui Prison
housed some 300 prisoners.
Regarding an Expert’s questions on the judiciary, judges were appointed for life. They could not be removed without their consent. The Central African Republic operated on the same lines as the French legal system. The disciplinary body for the judiciary was headed by the President of the Court of Cassation. Those appearing before such administrative and judicial disciplinary bodies had the right to counsel.
There were eight prefectures in the country, and accordingly eight police stations, and eight gendarmeries, the delegation remarked.
The delegation said that in the national dialogue held in 2003, participants asked that there be good cooperation between the State, human rights non-governmental organizations and the Office of the High Commissioner for Human Rights. Today, there were six human rights non-governmental organizations that regularly collaborated with the Government, including the Central African Association of Women Legal Experts, the Movement for the Defence of Human Rights, the Humanitarian Action Group, and the Christian Group against the Death Penalty and Other Cruel, Inhuman or Degrading Punishment.
With regard to a national human rights mechanism, the delegation said that there used to be a national Human Rights Commission in the country before the uprising, but currently there were financial difficulties that impeded the creation of a new one.
Preliminary Concluding Remarks
CHRISTINE CHANET, Chairperson of the Committee, said she wished to thank the delegation for its presence here, for the written responses, as well as the oral replies to the questions by Experts on what the Central African Republic was doing to implement the provisions of the International Covenant on Civil and Political Rights.
Ms. Chanet said that the Committee recognized and welcomed the legal guarantees that had been undertaken to ensure the freedom of the press, as well as the measures taken by the Central African Republic to give separate treatment for minors in police custody.
However, concerns remained. In particular, Ms. Chanet said, the Committee was concerned about the new draft Penal Code, which was taking a long time to be prepared. It was hoped that the Central African Republic would abolish the death penalty in the new code – not on the basis of popular opinion, but on the basis of the state party’s obligations under the Covenant. Another issue was a prohibition on excision. Awareness-raising campaigns were all very well, but it was time to put a stop to the practise of female genital mutilation. That was not just a health concern, or a sanitation measure: it was an issue of discrimination against women.
With regard to impunity, Ms. Chanet said that the sanctions that had been mentioned by the delegation did not represent significant mechanisms to combat impunity. In particular, the response by the High Commissioner to the issue of extrajudicial execution of bandits – which had been noted in the report – was troubling. He had stated in his oral response that those killings were legitimate acts undertaken in self-defence. Were those acts extrajudicial executions or legitimate acts of self-defence, she wondered.
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For use of the information media; not an official record
13 July 2006
The Human Rights Committee has considered the second periodic report of the Central African Republic on how that country is implementing the provisions of the International Covenant on Civil and Political Rights.
Introducing the report, Thierry Maleyombo, High Commissioner for Human Rights and Good Governance of the Central African Republic, said that the present report testified to the strong commitment of the new Government to human rights – the disregard for which had led to the patriotic uprising of 15 March 2003. Recently, the National Assembly had adopted a law on ratifying the United Nations Convention against Corruption, as well as the Additional Protocol to the International Criminal Court (ICC). However, since December 2005, the work of the new authorities and the Central African people had been subject to acts of aggression by criminal groups and rebels supported by foreign powers. There was no doubt that human rights would suffer, and he appealed to the international community to condemn those aggressions to which his country was a victim.
In preliminary concluding remarks, Committee Chairperson Christine Chanet said that the Committee welcomed the legal guarantees that had been undertaken to ensure the freedom of the press, as well as measures taken by the Central African Republic to give separate treatment for minors in police custody. However, concerns remained. In particular, it was hoped that that the Central African Republic would abolish the death penalty in the new code – not on the basis of popular opinion, but on the basis of the state party’s obligations under the Covenant. Another issue was a prohibition on excision. Awareness-raising campaigns were all very well, but it was time to put a stop to the practice of female genital mutilation. That was not just a health concern, or a sanitation measure: it was an issue of discrimination against women.
Other Committee Experts raised questions and asked for further information on subjects pertaining to, among other things, why the Covenant was not being applied in the courts; what had been done to stop torture; the length of detentions and whether extensions were possible without judicial review; whether female genital mutilation would be criminalized in the new draft penal code; and what access detainees had to lawyers or medical services.
The Committee will issue its formal, written concluding observations and recommendations on the report of the Central African Republic towards the end of its session which will conclude on 28 July 2006.
The Central African Republic delegation also included Basile Diba, Director of the Department for Human Rights and Good Governance, and Firmin Findiro, Procurator of the Republic.
The Central African Republic is among the 156 States parties to the International Covenant and as such it is obligated to submit reports on its performance aimed at implementing the provisions of the treaty.
The Committee will reconvene in public on Monday, 17 July, at 10 a.m. to continue consideration of a draft revised general comment on article 14 (right to a fair trial).
Report of the Central African Republic
The second periodic report of the Central African Republic (CCPR/C/CAF/2004/2) says that the military and political crises that rocked the country throughout the 1990s and at the very beginning of the twenty-first century are largely responsible for the impoverishment and growing vulnerability of a large cross-section of the population. In the Human Development Report 2004, the Central African Republic ranked 169th out of 177 countries. More than 66.6 per cent of the 3,150,000 Central Africans live on less than US$ 1 a day, and life expectancy at birth was 39.8 in 2002. One consequence of the poverty perpetuated by bad governance is the high prevalence of HIV/AIDS. With a rate of 15 per cent, the Central African Republic is among the most infected countries in the world and ranks first among countries in the Central African sub-region.
The Central African Republic made a commitment to human rights over a decade ago, when it acceded to the International Covenant on Economic, Social and Cultural Rights and its Optional Protocol; the International Convention on the Elimination of All Forms of Racial Discrimination; the Convention on the Elimination of All Forms of Discrimination against Women; the Convention on the Rights of the Child; and the Statute of the International Criminal Court. Moreover, the country has major, significant assets for providing the Central African people with the material conditions required to improve their living standards and satisfy their basic needs. However, with each passing day and year, these assets are being eclipsed by constraints caused largely by ignorance and lack of will at all levels of Central African society. In judicial or administrative proceedings everyone has the right to a fair hearing and to be tried without undue delay by a competent, independent and impartial tribunal established by law. However, a criminal investigation department known as the Central Office for the Prevention of Banditry systematically carries out summary and extrajudicial executions of bandits with complete impunity.
Presentation of Report
THIERRY MALEYOMBO, High Commissioner for Human Rights and Good Governance of the Central African Republic, said that the present report was the expression of the Central African Republic’s respect for the fulfilment of its obligations under the International Covenant on Civil and Political Rights, and testified to the strong commitment of the new Government to human rights – the disregard for which had led to the patriotic uprising of 15 March 2003. For that reason, during his investiture on 11 June 2005, the President placed his mandate under the sign of human rights. The National Assembly at its last session adopted a law on ratifying the United Nations Convention against Corruption, as well as the Additional Protocol to the International Criminal Court (ICC) on the privileges and immunities to be accorded to members of the ICC on Central African territory.
In addition, Mr. Maleyombo said, the Central African Republic, through the High Commissioner for Human Rights and Good Governance, had begun a review of international human rights instruments that the Central African Republic had not yet ratified, with a view to doing so. Among those, particular attention was being given to ILO Convention No. 169 relating to the rights of indigenous and tribal peoples.
In conclusion, Mr. Maleyombo drew attention to the extremely grave security situation in the country since December 2005. The work of the new authorities and people of the Central African Republic has been subject to acts of aggression by armed gangs, criminal groups and rebels supported by foreign powers. There was no doubt that human rights would suffer and that there would be further deaths and attempts on human rights. He appealed to the international community to condemn those aggressions to which his country was victim. He was certain that the Central African Republic could count on the support of the Human Rights Committee to be an active partner in that task.
Questions by the Committee Experts
A series of questions were submitted in writing by the Committee Experts in advance of the meeting, to which the delegation responded.
Constitutional and Legal Framework within which the Covenant is Implemented; Combating Impunity
Responding to the written questions, the delegation said that the International Covenant on Civil and Political Rights was enshrined in the Constitution of 27 December 2004 and it took precedence over other laws. It had not yet been invoked before the courts or the legal authorities, however, as no individual complaints had been filed.
After 15 March 2003, the date of the patriotic uprising, the judicial authorities attached to the Court in Bangui instituted a judicial inquiry into the massive human rights violations and violations of international humanitarian law committed in 2002 and 2003. That inquiry was conducted with support from the United Nations Development Programme. Based on the findings of that inquiry, the Central African Court of Cassation had recently decided to send the alleged perpetrators and their accomplices to the ICC.
The delegation said that the national dialogue of 2003 had adopted a strongly worded recommendation on the creation of a truth and reconciliation committee and a victims’ compensation fund. The implementation of that recommendation was now in the hands of the National Mediation Council. The Government, however, was emerging from a very difficult period, and still lacked funds to implement the fund.
With regard to what supervisory measures have effectively been put in place to put an immediate stop to all forms of human rights abuses, the delegation said that, as far as the military was concerned, the High Commissioner of Human Rights and the Ministry of Defence met frequently to review cases of human rights violations. Decisions were taken and frequently officers were dismissed or demoted.
Equality between Men and Women; Combating Discrimination
The delegation said that the provisions of the Family Code concerning parental authority, choice of residence by spouses, and polygamy, were all currently under discussion. Nevertheless, the husband, who was the head of the family, had the right to exercise parental authority and chose the spouse’s residence. The Family Code had been reviewed, and steps had been taken to amend it, but the women did not wish for such reforms to be pursued. There was no special provision to ensure equitable representation of women in political life.
In November 2005, following democratic elections, a national policy on the promotion of equality and gender equity had been promulgated by the new authorities. However, the delegation noted that there was scarce interest by women in political involvement, despite efforts by the Government and women’s non-governmental organizations in that area. There were currently 2 women ministers, 11 women representatives in the National Assembly, and the head of the Prime Minister’s office was a woman.
Right to Life and Prohibition of Torture
The delegation said that crimes subject to capital punishment were all crimes covered by the Rome Statute – genocide, war crimes, crimes against humanity – or those resulting in death, such as murder, infanticide, terrorist acts and the like. The issue of abolishing the death penalty was still under discussion, but the majority of the population opposed abolishing the death penalty given the high level of insecurity and criminal acts owing to the multiple crises the country had suffered.
Security of the Person and Freedom from Arbitrary Arrest
The Central African Republic had had major difficulties in compiling statistics on this subject, owing to a lack of resources. Nevertheless, in Bangui, since January 2006 a remarkable effort had been made to do so. From January to April 2006, 224 convictions were handed down for a variety of offences. The Standing Military Tribunal had held three sessions from 2003 to 2005, with 190 convictions of military and defence forces for murder, fatal attacks, rape, wilful aggressions, arbitrary arrests, destruction of national identity cards and other offences.
Right to Life and Prohibition of Torture
Regarding the issue of female genital mutilation, the Government felt that the adoption in 2005 of the national policy on equality and gender equity, which promoted the participation of women in the development of the country, as decision-makers, would reduce the inequalities from which they suffered. The Government had also revised its plan of action to combat the harmful and violent practices against women in Central Africa. An awareness-raising campaign had been launched; the Government had, together with UNDP, begun a new, third survey with multiple indicators on the subject; and the Government was working hard to prepare stronger measures to put a stop to that practice.
Treatment of Persons Deprived of their Liberty
Regarding the Committee’s questions on Article 27 of the new Criminal Code, which apparently provided that persons sentenced to forced labour shall be assigned the harshest tasks, the delegation said that was an error that had crept into the language of the statute, and that it would be amended.
Security of the Person and Freedom from Arbitrary Arrest
Responding to the Committee’s inquiry as to whether General Ferdinand Bombayake, former director-general of the Presidential Security Unit, was still incarcerated at Camp Roux, the delegation said that he had been free since October 2005, living in Bangui.
Currently, the maximum limit for detention was 48 hours for misdemeanours, and 8 days for more serious crimes. It could be extended for a period equal in length to the initial period of detention. No rules had yet been passed on limits for pre-trial detentions, but the new draft code of criminal procedure contemplated a maximum limit of 6 months for such detentions. Access to a lawyer and medical services were allowed under that draft code in such circumstances.
Oral Questions by Committee Experts
Committee Experts then asked various questions and made comments on a number of topics, including why the International Covenant on Civil and Political Rights was not being applied in the courts of the Central African Republic; and what had been done to stop torture, which the Committee had reason to believe, given information from numerous non-governmental organizations, continued to be systematically practised in the country. Regarding detention, it was unclear what the difference in the requirements for a 48-hour detention and an 8-day one were, what the role of judges was in that determination and whether 8 days was a definite maximum. One Expert wondered why female genital mutilation had not been criminalized in the new draft penal code. An Expert, noting that the report had stated that the Central Office for the Prevention of Banditry systematically carried out summary and extrajudicial executions with impunity, wondered what was being done to address that situation.
It was one Expert’s understanding that, following the review of the initial report by the Central African Republic, the offences of charlatanism and witchcraft, which had carried the death penalty, were to be classed as more minor offences under Central African law, and he wondered what its status was in the draft penal code. With regard to abolishing the death penalty, an Expert observed that Governments had a special responsibility in that regard; if the question were left up to a popular referendum it might be very difficult to abolish the death penalty in many countries. An expert noted the time limits for detention seemed excessive, and wondered, too, what specifically was meant by saying that access to a lawyer or medical services was permitted during pre-trial detention, and what other rights they had to access to the outside world.
Delegation’s Response to Oral Questions
Responding to these oral questions and others, Mr. Maleyombo said that, regarding extrajudicial executions, recourse was available to the procurator, here today.
Concerning the reconciliation commission and a victims’ compensation fund, which were to have been set up, Mr. Maleyombo said that Bangui was not built in a day. There had simply been too much else for the State to do. There was no point in hiding things, and for this reason they put the truth in the report.
Mr. Maleyombo categorically denied one Expert’s allegation that systematic torture was practised in the Central African Republic. The Central African Republic could not come here to present its report if that were the case.
Continuing with further responses, another member of the delegation said that the Central African Republic preferred to entrust the abuses that had occurred in 2002 and 2003 to the International Criminal Court because of the acute lack of resources and lack of a functioning justice system. Also, some of the perpetrators accused were not nationals.
With regard to a report that alleged systematic torture was practised in the Central African Republic, the delegation said that report was not exactly objective. Cases of torture might occur, but that such a practise was systematic was not true. He himself was tasked with monitoring such violations in detention centres.
The extension of police custody was not systematic, the delegation said. If requested, the Attorney-General could assess the situation and decide whether an extension was justified. With regard to access to counsel while in detention, currently access was afforded, but it was not inscribed as a legal right. There were currently State doctors to examine those in detention, and if the detainee refused that examination he was able to name another doctor to carry that out.
Regarding the death penalty and why it had not yet been abolished, the delegation said that the Government was prepared to engage in discussions on the subject, but judged that the security situation should be stabilized first. Also, as was noted in the report, the death penalty had not been carried out in the country since 1981.
On corruption, the delegation said that there was a disciplinary board before which cases against government officials could be brought. For example, three Government ministers found guilty by the disciplinary board had been dismissed. Since 2005, within the judicial services a special prosecutor’s office had been established to investigate cases of corruption, embezzlement, and money-laundering. The Government, working with UNDP, had also established an inter-ministerial committee to draft a plan of action against corruption.
There were two provisions in the current Criminal Code for witchcraft, one of which carried the death penalty. However, the delegation observed that the elements of the offence that carried the death penalty were almost impossible to prove and no case had ever been prosecuted under that provision.
With regard to impunity, the delegation said it would like to address criticisms that it was widespread in the country. One of the major reasons behind that assertion was that there had been a considerable delay in processing claims. In Bangui, for example, there were some 480 cases brought before its two criminal courts each month. However, at the most, each court could hear four correctional cases a week. That gave rise to a feeling of impunity. There was a national dialogue on the subject and the Government was working with the European Union on the question.
The delegation said that the Government had a proactive policy on female genital mutilation. It was part of the culture of a number of sizeable ethnic groups in the country, but they were in the minority. The first phase of the Government’s policy had been an awareness-raising programme. Indeed, in the middle classes, the phenomenon had been abandoned. Currently, female genital mutilation was largely confined to rural areas, among the illiterate. Therefore the Government had begun a second phase of its campaign, taking concrete actions to prohibit and stop it. The delegation stated that it was not an offence under the law of the Central African Republic, but the question would be addressed by the new draft Criminal Code.
Further Oral Questions Posed by Experts
Committee Members asked other questions and made comments on varied topics, including whether detainees had immediate access to a lawyer upon being detained, and what happened if they could not afford one; and what the Government was doing to effect stricter regulations to limit police violence in the context of detention.
Response by Delegation
Responding to these and other questions, the delegation invited Committee members to visit the Central African Republic to witness the progress that had been made in human rights in the country. A similar invitation was extended to non-governmental organizations to come and visit the prisons of the Central African Republic. Law enforcement agents had to be careful, as the Commissioner for Human Rights and Good Governance was liable to come to inspect the situation in prisons or police detention centres at any time. To the delegation’s knowledge, there were no cases of violations of human rights in the context of prison or police detention.
A Committee Expert had talked about summary, extrajudicial killings committed by the Office for the Prevention of Banditry. But, the delegation said, the Office carried out a necessary task in the current security environment. In shooting matches, it was often the case that somebody died.
Regarding detention, in practice detainees already had the option of choosing a lawyer to defend them. When the accused in a criminal case did not have the means to afford a lawyer, the State automatically assigned one. But in non-criminal cases, no State lawyers were assigned and it was up to the detainee to use their own resources. Persons under legal detention were also free to choose their own doctors according to the Constitution.
Further Responses by Delegation to Written Questions
Treatment of Persons Deprived of their Liberty
The delegation said that the prisons in the Central African Republic dated from colonial times and were now very dilapidated. In addition, the central prison in Bangui had been destroyed in the events following the military and political crises between 1996 and 2003. Most provincial prisons were in ruins from neglect, though some had been restored and others were being rebuilt. Prisoners, both in Bangui and in the provinces, were regularly visited by medical staff. Minors were not imprisoned since children’s courts were set up in each prefecture in 2001. It was important to note that there were no specialized centres for juvenile delinquents.
Right to a Fair Trial
The delegation said that the judiciary was a separate power under the 2004 Constitution. Its independence was guaranteed by the existence of the Judicial Service Commission, the Advisory Commission of the State Council, and the Conference of Presidents and Principal State Prosecutor of the Auditor-General’s Department. Those bodies comprised ex officio and elected members and civilians. Judges held life appointments, but not prosecutors. The rules of judicial procedure provided for remedies so that people who had lost their cases could apply for review by a higher court.
Since compulsory military service was abolished in the 1980s, there had not been any form of alternative, non-punitive service in the Central African Republic. A law on community service as an alternative to imprisonment was now in force.
In keeping with the law on associations in the Central African Republic, restrictions on the recognition of associations were guided by the concern to protect national security, public order and other persons’ fundamental rights and freedoms.
Freedom of the press was guaranteed by national law and by the Constitution of 2004. Allegations that freedom of the press and of journalists were under threat were unfounded and unsubstantiated, the delegation said.
Dissemination of Information on the Covenant and the Optional Protocol
The delegation said that a report would be made in the written press and on radio and television for the benefit of the general public. Copies of the report, to which the Committee’s concluding observations would be appended, would be circulated widely at university research institutes and vocational training centres.
Further Oral Questions by Experts
Among others, Experts asked for further details on the prison population; laws governing associations; the state of civil society and non-governmental organizations; the number of human rights non-governmental organizations in the country; the appointment and approval of judges, their salaries and tenure, as well as mechanisms for oversight; and whether there was an independent institution responsible for ensuring and monitoring implementation of the Central African Republic’s obligations under the Covenant.
Response by the Delegation
The delegation said that it did not have precise details on the prison population, but there were certainly no more than 1,500 prisoners in the country. Bangui Prison
housed some 300 prisoners.
Regarding an Expert’s questions on the judiciary, judges were appointed for life. They could not be removed without their consent. The Central African Republic operated on the same lines as the French legal system. The disciplinary body for the judiciary was headed by the President of the Court of Cassation. Those appearing before such administrative and judicial disciplinary bodies had the right to counsel.
There were eight prefectures in the country, and accordingly eight police stations, and eight gendarmeries, the delegation remarked.
The delegation said that in the national dialogue held in 2003, participants asked that there be good cooperation between the State, human rights non-governmental organizations and the Office of the High Commissioner for Human Rights. Today, there were six human rights non-governmental organizations that regularly collaborated with the Government, including the Central African Association of Women Legal Experts, the Movement for the Defence of Human Rights, the Humanitarian Action Group, and the Christian Group against the Death Penalty and Other Cruel, Inhuman or Degrading Punishment.
With regard to a national human rights mechanism, the delegation said that there used to be a national Human Rights Commission in the country before the uprising, but currently there were financial difficulties that impeded the creation of a new one.
Preliminary Concluding Remarks
CHRISTINE CHANET, Chairperson of the Committee, said she wished to thank the delegation for its presence here, for the written responses, as well as the oral replies to the questions by Experts on what the Central African Republic was doing to implement the provisions of the International Covenant on Civil and Political Rights.
Ms. Chanet said that the Committee recognized and welcomed the legal guarantees that had been undertaken to ensure the freedom of the press, as well as the measures taken by the Central African Republic to give separate treatment for minors in police custody.
However, concerns remained. In particular, Ms. Chanet said, the Committee was concerned about the new draft Penal Code, which was taking a long time to be prepared. It was hoped that the Central African Republic would abolish the death penalty in the new code – not on the basis of popular opinion, but on the basis of the state party’s obligations under the Covenant. Another issue was a prohibition on excision. Awareness-raising campaigns were all very well, but it was time to put a stop to the practise of female genital mutilation. That was not just a health concern, or a sanitation measure: it was an issue of discrimination against women.
With regard to impunity, Ms. Chanet said that the sanctions that had been mentioned by the delegation did not represent significant mechanisms to combat impunity. In particular, the response by the High Commissioner to the issue of extrajudicial execution of bandits – which had been noted in the report – was troubling. He had stated in his oral response that those killings were legitimate acts undertaken in self-defence. Were those acts extrajudicial executions or legitimate acts of self-defence, she wondered.
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For use of the information media; not an official record
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