In Dialogue with Chad, Experts of the Committee against Torture Praise Chad’s Contribution to Peacekeeping Operations , Ask about Responses to Recent Demonstrations and Prison Conditions
The Committee against Torture today concluded its consideration of the second periodic report of Chad, with Committee Experts praising Chad’s contribution to peacekeeping operations and raising questions about public officials’ responses to recent demonstrations and conditions in prisons.
One Committee Expert commended Chad for contributing over 1,000 persons to United Nations peacekeeping operations. What education on human rights were peacekeepers provided with?
Sébastien Touze, Committee Expert and Country Co-Rapporteur, asked about the repression of several demonstrations on 20 October in several cities in Chad, resulting in the death of many people, and acts of torture on men, women and also children. Why had violent means been used by public officials to repress the demonstrations? What training was provided for security personnel regarding the use of lethal force against protesters?
Mr. Touze also addressed an incident of 44 deaths in one prison, saying that the National Human Rights Commission had found that the poor conditions of prison cells were responsible for the deaths. Temperatures in these cells were reportedly over 50 degrees Celsius. How many complaints were submitted about prison conditions in the State, and were these complaints investigated?
The delegation said that all members of Chadian peacekeeping forces underwent training from United Nations agencies and mandated non-governmental organizations on their roles and knowledge regarding international law. Training also covered the protection of children, codes of conduct in various operations, and international humanitarian law.
Ahmad Makaila , Permanent Representative of Chad to the United Nations Office at Geneva and head of the delegation, said that the Government deplored in the strongest terms the deaths occurring in the events of 20 October, and stood in solidarity with the affected families. Protesters at these events were armed with machetes and knives. The protests were an attempted insurrection, and the Government took courageous action to preserve public order in response. Around 15 members of the security forces lost their lives in these events. Their actions were not a “repression”, but a response to a violent insurgence. Unfortunately, there had been innocent victims who had lost their lives because of the brutal actions of protesters. Chad was committed to respecting its international obligations regarding the conduct of the national gendarmerie and the police.
On conditions in prisons, Mr. Makaila said that the Government was working on a project with the Office of the High Commissioner for Human Rights to collect up-to-date data related to prison conditions. Data on the prison population would be shared with the Committee. The State was working to improve conditions in prison facilities.
In closing remarks, Claude Heller, Committee Chair, thanked the delegation for its substantive participation in the dialogue, despite complications that prevented most of the delegation from travelling to Geneva.
The delegation of Chad consisted of representatives from the Permanent Mission of Chad to the United Nations Office at Geneva.
Summaries of the public meetings of the Committee can be found here, and webcasts of the public meetings can be found here. The programme of work of the Committee’s seventy-fifth session and other documents related to the session can be found here.
The Committee will next meet in public on Thursday, 3 November at 3 p.m. to conclude its consideration of the initial report of Malawi (CAT/C/MWI/1).
Report
The Committee has before it the second periodic report of Chad (CAT/C/TCD/2).
Presentation of Report
AHMAD MAKAILA, Permanent Representative of Chad to the United Nations Office at Geneva and head of the delegation , said that Chad’s second periodic report was prepared in a participatory and inclusive manner, involving all ministerial departments, the General Prosecutor’s Office and the juvenile judge. A committee of experts had been set up to update the report. The report covered the period 2009 to 2019.
The report presented all legislative and regulatory actions that had been taken to comply with the Convention. A new Criminal Code had been adopted in 2017 to bring the definition of torture in line with international standards, and to adjust penalties related to these offenses. The report cited concrete cases of the implementation of these provisions. The Government was committed to modernising Chad’s judicial system through a Memorandum of Understanding with the Commission of the European Union on the support and justice reform programme in Chad, and through the judicial, human rights and gender capacity building programme being carried out in cooperation with the United Nations Development Programme.
Measures had been taken to ensure adequate training for judges, including the creation of a judge training school, and to increase both human and material resources for the administration of justice. Legislation on the National Human Rights Commission had also been revised to bring the institution into line with the Paris Principles. Other international norms had also been transferred into domestic legislation.
Several armed terrorist groups were operating in the Lake Chad region. To prevent the recruitment of children in the armed forces, the Government had acceded to the Optional Protocol to the Convention on the Rights of the Child. A Presidential Directive that introduced age requirements for recruitment into the Chadian National Army was also issued in October 2013. This Directive provided for punishments for recruiters. The draft Child Protection Code also set the minimum age for the recruitment of children into the armed forces at 18 years and penalties for perpetrators of the recruitment and the use of children. These efforts had led to the removal of Chad from the United Nations Secretary-General's list of children affected by armed conflict in July 2014.
Concrete actions had also been implemented to protect all vulnerable segments of society and support access to health care, particularly for diseases such as HIV, tuberculosis and malaria. Care for these diseases was fully free of charge.
Mr. Makaila reiterated Chad's full commitment to cooperation with the mechanisms of the Office of the High Commissioner for Human Rights.
Questions by Committee Experts
SÉBASTIEN TOUZE, Committee Expert and Country Co-Rapporteur, asked about the recent repression of several demonstrations in several cities in Chad, repression which had been combined with numerous abuses against civilians, resulting in the death of many people, and acts of torture on men, women and also children. The events of 20 October 2022 were extremely concerning and had important consequences. Provisional figures put forward by civil society indicated that between 50 and 150 people had been killed, that between 150 and 184 persons were missing, that there had been around 1,300 arrests, and that between 600 and 1,100 people had been deported to Koro Toro high security prison. Why had such violent means been used by public officials to repress the demonstrations?
TODD BUCHWALD, Committee Expert and Country Co-Rapporteur, said that in the run-up to the April 2021 elections, there were reportedly crackdowns on protestors and the political opposition, including the arbitrary arrest of over 100 opposition party members and civil society activists. After President Deby was killed on 20 April 2021 and his son and the Transitional Military Council assumed power, further demonstrations were held, where defence and security forces reportedly used live ammunition on protesters and arrested around 700 people; 650 of these people were allegedly referred to the prosecution without recourse to a lawyer. Had efforts been made to investigate these incidents independently and impartially?
Subsequently, Mr. Buchwald said, there had been a violent response to protests against the National Dialogue and its results, and the events of the week of 20 October had been the most violent yet. The United Nations High Commissioner for Human Rights and others had issued statements deploring the violence, in which security forces had opened fire on protesters. How many people had been injured, killed and detained in these events? How many had had contact with a lawyer and been presented before a judge? What was the legal basis for holding them? Had family members been informed of their location? Had detainees had access to medical examinations to assess signs of abuse? Had the bodies of those killed been returned to their families? Was the Ordinance No. 46 of 1962, which prohibited unarmed gatherings that were “likely to disturb the peace”, part of the legal basis for the use of force? What training was provided for security personnel regarding the use of lethal force against protesters? Were reports of shooting by armed men in unmarked cars accurate, and were such actions permissible under Chadian law?
Many arrested individuals had been taken to Koro Toro prison. When was the last time that the International Committee of the Red Cross and other human rights organizations had visited Koro Toro prison? Were lawyers able to visit persons being held in these prisons?
What had been done to ensure transparency, control and accountability for the National Security Agency? Was the Agency subject to judicial oversight, and were allegations of torture, abuse and incommunicado detention by the Agency actively investigated? What measures were in place to ensure that individuals could lodge claims, and that such individuals were protected from reprisals? Could the delegation confirm that there were no secret detention facilities in Chad? What measures had the State party taken to ensure that the right to peaceful assembly and the right to protest were protected, and that use of force by the police was necessary and appropriate? What steps had been taken to ensure that journalists and human rights defenders were protected from threats and intimidation?
What measures were in place to combat enforced disappearance and extrajudicial killings? The Expert asked for statistics on the number of persons who had sought and received redress in relation to these offences.
Did Chad intend to ratify the Convention on Enforced Disappearances and the Optional Protocol to the Convention against Torture? What were the concerns preventing ratification?
SÉBASTIEN TOUZE, Committee Expert and Country Co-Rapporteur, said that the definition of torture in the Criminal Code did not prohibit torture by all persons acting in an official capacity. What had been done to address this, and to collect more data on incidents of torture?
Customary law was commonly used in Chad. Following customary law, the family of the perpetrator paid “blood money” compensation, known as “ dya”, to the victim's family in the event of murder or serious injury, resulting in the termination of lawsuits. What measures were in place to ensure that the application of customary law did not conflict with fair trial guarantees?
The Code of Criminal Procedure allowed investigations to be carried out when lawyers were absent. Was this normal practice? Chad faced a shortage of lawyers in provinces outside the capital. What measures were in place to improve access to lawyers?
Under the Code of Criminal Procedure, police custody could not exceed 48 hours and could only be extended for 48 hours once, and minors aged 13 to 18 could be held in police custody for up to 10 hours only. Mr. Touze called for statistics demonstrating compliance with these legal provisions. The living conditions of prisoners, including poor quality of food, hygiene and sanitation, remained a major concern. There were reports that prisoners who contracted COVID-19 were not provided with appropriate health care. What measures were in place to improve living conditions and health care for detainees?
Chadian prisons were often overcrowded and detainees awaiting trial represented a large part of the prison population. For example, the N'Djamena prison was in March 2020 at more than 700 per cent of its capacity. Had revisions to the Criminal Code introduced alternatives to detention and reduced the length of prison sentences? What measures were in place to address overcrowding; separate persons in pre-trial detention from convicted persons, men from women, and juveniles from adults; and to combat corruption in prisons?
Many offences, even minor ones, were referred to investigative offices, leading to delays in proceedings. Case files were often lost, and certain judges were allegedly incompetent. What steps had been taken to address this? There were cases of pre-trial detention lasting from one year to more than five years, often exceeding the sentence that could be imposed on the accused individual. What guarantees were in place to ensure that pretrial detention was an exceptional measure, and that persons who had overstayed legal time limits were released?
Since 2014, Chad had suffered numerous attacks by the Islamist terrorist group Boko Haram. To respond to this crisis, the Government had developed a legislative, institutional and security arsenal. The Anti-Terrorism Law of 2020 provided for a period of police custody of 15 days renewable once for terrorism suspects. To what extent was this law implemented?
Chad had observed a moratorium on the death penalty since 2003. However, in 2015, following several suicide attacks by Boko Haram in N'Djamena, Parliament reintroduced the death penalty for perpetrators of terrorist acts. Why was this? Those executed had no opportunity for appeal, and their trials were relocated to a secret location at the last minute. The 2020 Anti-Terrorism Law abolished the death penalty, but that abolishment had yet to be constitutionalised. Could the State party confirm that the death penalty would not be reintroduced?
Female genital mutilation had long been prevalent in some parts of Chad. The Government had adopted a series of measures aimed at outlawing such practices, including the establishment of a brigade for the protection of minors, a law prohibiting child marriage, and provisions in the Criminal Code prohibiting genital mutilation and sexual offences. How effective had these measures been in reducing the prevalence of female genital mutilation?
TODD BUCHWALD, Committee Expert and Country Co-Rapporteur, said that there were concerns that the members of the National Human Rights Commission had been directly appointed by the President this year. By what process were members selected? How was the Commission’s budget determined? Was it free to determine how it allocated funding? Was the Commission completely independent? What measures were in place to ensure that individuals were able to communicate with the Commission confidentially and were protected from reprisals? Was the Commission able to carry out unannounced visits to places of detention? How many recommendations had the Commission made to the Government, especially related to torture, and how many had been acted on? Why did the Commission withdraw from the National Dialogue?
Civil society organizations needed to receive authorisation from the Ministry of Territorial Administration to operate in Chad. Were there specific criteria that organizations needed to meet to be authorised? Were there penalties for operating as a non-authorised association?
The Committee had previously encouraged the State party to set up a compensation fund for victims of abuses committed under the previous administration. What was the status of this fund, and had the Government made a contribution? The African Court had previously ordered the payment of compensation to victims and the establishment of a memorial. Had funding been made available for this, and had a committee to oversee the fund been established?
Mr. Buchwald welcomed the adoption of the national strategy for juvenile justice. What was included in this strategy to combat violence against women and children in prison? He called for statistics that would shed light on the problem in judicial and non-judicial settings. What laws were in place that prohibited incest, marital rape and sexual harassment? What measures were in place to prevent domestic violence and forced marriage? Was training provided to law enforcement and judicial officials on these issues? Any form of assault, including homicide, was permitted by the Criminal Code if committed against a spouse caught in the act of adultery. Were there efforts to eliminate this provision? What was the progress of the pending Family Code? How did the State party ensure that perpetrators of gender-based violence were prosecuted, and victims provided with appropriate support?
Trafficking in children was a widespread problem. What steps had been taken to implement action plans to combat trafficking in persons and the sale of children?
What measures had been implemented to address rape and sexual violence occurring in refugee camps?
Another Committee Expert asked whether the national gendarmerie was still responsible for maintaining security in prisons. How did the State uphold the rights of detainees considering substantial staff shortages in the prison system?
One Committee Expert said that victims of gender-based violence were reluctant to report crimes, partly due to a lack of female police officers and members of the judiciary. What measures were in place to increase female representation? When public officials were found guilty of torture, were rulings made public and referenced in training for public officials?
The Expert called on the Government to take responsibility for protecting and supporting victims to discourage resort to customary laws. The Expert also called for measures such as electronic monitoring applications to reduce prison overcrowding.
Another Committee Expert asked whether the 2020 legislation abolishing the death penalty superseded other laws allowing it. Were persons still on death row in prisons?
The Expert commended Chad for contributing over 1,000 persons to United Nations peacekeeping operations. What education on human rights were peacekeepers provided with?
Responses by the Delegation
AHMAD MAKAILA, Permanent Representative of Chad to the United Nations Office at Geneva and head of the delegation , said that many unfortunate events had taken place during the reporting period. Regarding the events of 20 October 2022, the press release of the High Commissioner for Human Rights had addressed violence both by the police and by protesters.
The announcements of the National Dialogue were not announcements of the Transitional Military Council. The Government protected citizens’ rights during the transitional period. It was studying the possibility of ratifying the Optional Protocol to the Convention and the Convention on Enforced Disappearance.
The practice of providing “dya” or “blood money” did not nullify criminal proceedings.
There was a direct link between political crises and the growth in the prison population. Efforts had been taken to increase resources for detention facilities.
A trust fund had been established for providing compensation to victims of human rights abuses under the previous administration. Chad had made contributions to this fund, and expected the African Union and other international organizations to also make contributions.
The abolition of the death penalty was in place. There was no possibility of the death penalty being implemented in the future. The delegation was not aware of any persons on death row.
The Government needed to hold the management of prisons to account to prevent excessive pre-trial detention and other issues.
Mr. Makaila said there were no doubts surrounding the independence of the National Human Rights Commission. The Commission had independently investigated the events of 20 October. It had not been withdrawn from the National Dialogue, but rather had chosen to leave the dialogue in protest, having not been given the floor after requesting it at one point.
Chad was participating constructively with human rights mechanisms with a view to improving the domestic situation.
The delegation said that there was no discrimination on the basis of gender in public offices. There were no quotas established for representation in public offices. However, the Head of State had taken steps to improve transparency in terms of the appointment of officials. The Head of State had recently signed a decree that established an observatory tasked with promoting gender equality and collecting data on gender issues at local, regional and national levels.
Violence against women violated the fundamental rights of women. No society was spared from this kind of violence. Violence against women was an offense, and Chad had endorsed the United Nations’ strategies to prevent such violence. Laws and regulations had been adopted to repress violence against women. The Government encouraged the lodging of complaints, some of which had led to the prosecution of perpetrators. The State was working with various stakeholders to effectively respond to the needs of victims and aid them in reintegrating into society.
Improvement in the representation of women in the police force and the judiciary was an important part of the reforms that were underway. The Government needed to improve outreach and investment regarding women’s education. Steps had been taken to combat incest, violence in marriage, and rape. Training had been provided for religious and community leaders on these issues, and awareness campaigns were also being conducted. Penalties for rape and domestic violence had been increased.
The Government had adopted several measures to prevent child and forced marriage, including by introducing legislation banning the marriage of children under 18; 432 forced marriages had been recorded. Awareness raising on the harms of forced marriage had been carried out in regional areas.
Refugee camps fell under Chadian law. However, refugees lived in these camps according to their own customs and traditions. Chadian authorities tried to raise awareness of Chadian laws in these camps.
Four hundred members of multisectoral services had undergone training to provide aid and rehabilitation for victims of gender-based violence and rape. Such care was provided free of charge. Psychological support was provided in specialised centres across the country.
Female genital mutilation was prohibited by the Chadian Criminal Code. To combat female genital mutilation, the Government, in cooperation with non-governmental organizations, had encouraged traditional leaders to sign commitments not to allow female genital mutilation. Over 4,000 cases of female genital mutilation had been recorded in a government database.
Chad had made significant contributions to peacekeeping operations in Africa. All members of Chadian peacekeeping forces underwent training from United Nations agencies and mandated non-governmental organizations on their roles and knowledge regarding international law. Training also covered the protection of children, codes of conduct in various operations, and international humanitarian law.
AHMAD MAKAILA, Permanent Representative of Chad to the United Nations Office at Geneva and head of the delegation , said that the Office of the High Commissioner for Human Rights had supported the Chadian Government to set up the observatory on gender equality. He thanked the Office for its support.
The delegation said that Chad was a least-developed country that faced significant economic and security challenges, and had been hit hard by the COVID-19 pandemic.
There was a law on parity, and women were encouraged to apply for posts in the police force and the judiciary. The Government had undertaken efforts to train women and raise awareness on women’s rights. Legislation was in place that prohibited violence against women.
The National Human Rights Commission was made up of 11 members, including two independent figures and at least four women. All members except for the two independent figures came from civil society. The law on the Commission stipulated the appointment process for these members. The Commission worked in full independence and appointed members in a transparent manner according to these procedures. The President of the Transitional Government did not appoint members of the Commission. The budget for the Commission was primarily financed by State funds, as well as by United Nations funds. The funding was not substantive, and the Commission needed additional technical and financial resources to discharge its duties effectively. The Commission held assembly sessions quarterly, at which they ruled on decisions and issues related to the election of members. Decisions were made based on two-thirds majority or by consensus.
When cases of torture were reported to the Commission, it relayed those cases to the relevant authorities and made the cases public when appropriate. The Commission reviewed legislation, working to strengthen the rule of law and human rights. It also promoted human rights through awareness campaigns and training for teachers, public authorities and religious authorities. The Commission was also tasked with drawing the authorities’ attention to human rights abuses and to issue recommendations. Further, the Commission monitored the elections to ensure that they were carried out fairly. The Commission was also required to carry out visits to places of detention. Authorities had not restricted the Commission’s visits of places of detention, and the Commission could carry out unannounced visits. The Commission produced a report on human rights in Chad each year. It had not produced reports on torture, however, and the delegation called on the Committee to provide support in establishing such reports. All reports produced by the Commission were available to the public at its headquarters, and the Commission was currently developing a website to disseminate its reports.
The Constitution guaranteed the independence of the National Human Rights Commission. However, the Commission needed further financial resources and greater financial independence to allow members to work full-time and increase the scope of its activities.
The United Nations Working Group on enforced disappearance had presented to Chad 33 cases of enforced disappearance occurring in the State. The Government had taken due note of that information. The Government planned to ratify the International Convention for the Protection of All Persons from Enforced Disappearances as soon as preparatory work was complete. A body had been established to map past human rights violations. This body would work to identify victims and perpetrators and provide compensation to victims.
Journalists were issued cards that allowed them to freely access any area and their rights were protected.
No human rights violations were subject to statutes of limitation.
Lawyers did not need to be present for court proceedings to be conducted. Lawyers could participate in trials through written submissions. The State provided funding to support lawyers’ travel to courts. Draft decrees on financial aid for court proceedings were being reviewed.
Large prisons had infirmaries, and detainees in small prisons were taken to local medical centres. Several non-governmental organizations conducted visits to places of detention regularly to assess the conditions of prison facilities.
AHMAD MAKAILA, Permanent Representative of Chad to the United Nations Office at Geneva and head of the delegation , said that the abolition of the death penalty was irreversible. This abolition was derogated from in response to terrorist attacks in the past, however, Chad did not plan to reinstate the death penalty and there were no persons on death row.
A trust fund had been established to fund compensation for human rights abuses committed under the previous administration. Chad had contributed to this fund, and was calling on the African Union and the international community to also contribute.
The Government deplored in the strongest terms the deaths occurring in the events of 20 October. It stood in solidarity with the affected families. The events did not involve peaceful demonstrations. Protesters at these events were armed with machetes and knives, and deliberately acted at night, stealing weapons from the gendarmerie. These persons had called for a new Government on social media. These demonstrations did not comply with legal provisions. The Government had prohibited these gatherings due to the violence that they would involve, considering that the organisers were encouraging sedition. There were witness statements saying that persons dressed as civilians had shot at crowds, however, there was no evidence suggesting that such persons were members of law enforcement.
This was a delicate issue. Peaceful demonstrations had been authorised and conducted during the transitional period. Participants in the march of 20 October knew that the planned protest had not been authorised. This was an attempted insurrection, and the Government took courageous action to preserve public order in response. The targets of the marches were attacks on Government offices and public officials. Around 15 members of the security forces lost their lives in these events. This was not a “repression”, but a response to a violent insurgence. Unfortunately, there had been innocent victims who had lost their lives because of the brutal actions of protesters.
The Government intended to tackle accusations levelled at it. Information spread on social media was not credible. Some of the arguments put forward by the instigators of the march were unfounded. There was no State legislation, including under the Transitional Charter, that allowed the Government to repress a peaceful demonstration. Chad was committed to respecting its international obligations regarding the conduct of the national gendarmerie and the police. The police and national gendarmerie could only use firearms in cases of extreme need, such as in the face of a serious threat or to protect a citizen from extreme danger. Proceedings investigating the events of April and May 2021 were being carried out.
The delegation said that the State National Security Agency was tasked with overseeing security issues. Accusations about this Agency were unfounded. There were no credible witness accounts that the Agency had committed torture or any illegal acts. The Agency conducted operations in line with legislation governing its actions. It was not a police force, but rather was tasked with identifying threats to sovereign interests. The Agency had guided the Government regarding the risks of demonstrations planned on 20 October. The Agency had administrative detention cells, which were used to hold interviews of persons involved in cases related to national security, such as arms and people trafficking. These cells were opened in 2020 for visits from human rights organizations and the International Committee of the Red Cross. No complaints about the conditions of these cells had been raised.
The Transitional Military Council no longer existed, following the recommendations of the National Dialogue. Members of the Government intended to abide by these recommendations. The Government intended to abide by international standards in this regard. The Translational Government would implement the recommendations of the National Dialogue, while respecting the Constitution and national legislation. Authorisations needed to be sought to demonstrate, and demonstrations with dubious intent were not authorised.
There were no journalists held in prison for exercising their duties.
The practice of paying “dya” did not extinguish criminal proceedings. Amicable settlements were established by citizens in the settlement of their disputes. The principles of criminal procedures still applied after citizen settlement. The Government had released a circular saying that dya did not extinguish criminal proceedings, and that investigative action by the prosecutor was mandatory.
The Koro Toro high security prison was managed by the Ministry of Justice. Visits to this prison were authorised, and the International Committee of the Red Cross conducted visits each month when possible.
For two months, magistrates had been on strike. The events of 20 October had occurred during this strike. Police had arrested insurgents and transferred them to Koro Toro prison. A judicial delegation had been sent to Koro Toro this week to determine the number of individuals involved in the protests who were sent to this prison. Mobile court trials were held in Koro Toro to rule on the fate of the detainees. Judicial investigations had been set up in the four cities where demonstrations took place. Investigators would determine responsibility for violent acts and deaths. The Government was working with available resources, doing what it could to meet its obligations and responsibilities relating to investigations.
In Chadian legislation, pre-trial detention was an exceptional measure. No pre-trial detention beyond a strict time limit defined by law was permitted.
Legal proceedings were brought against persons accused of trafficking. Chadian legislation prohibited the recruitment of children under 18 in the Chadian army. Punishments were issued to persons found to have recruited children, and the Government worked to rehabilitate former child soldiers into society.
Chad was a transitional hub for human traffickers. Crimes of human trafficking were difficult to detect. However, the Government was working to identify and respond to trafficking cases.
The national gendarmerie included a technical police unit and legal research unit. It was tasked with the protection of all infrastructure and the monitoring of the State. An anti-terrorist intervention unit had been established within the gendarmerie. The gendarmerie also provided assistance during floods and natural disasters.
Questions by Committee Experts
SÉBASTIEN TOUZE, Committee Expert and Country Co-Rapporteur, said that a report by the National Human Rights Commission indicated that female genital mutilation was still a common practice in some villages in Chad. The report indicated that there were over 11,000 victims of female genital mutilation in Chad. The authority of the Government needed to be restored regarding human trafficking and female genital mutilation. What measures were in place to tackle these issues?
Mr. Touze called on the State party to collect data on the conditions of prisons. Regarding the incident of 44 deaths in one prison, the National Human Rights Commission had found that the poor conditions of prison cells were responsible for the deaths. Temperatures in these cells were reportedly over 50 degrees Celsius. The Commission had recommended that investigations be conducted to determine accountability for these deaths. How many complaints were submitted about prison conditions in the State, and were these complaints investigated?
Impunity was a common theme in reports from non-governmental organizations, Mr. Touze said. The State needed a functioning, independent justice system. There was no evidence that complaints about public officials had led to prosecutions. Had any investigations been conducted regarding accusations of rape and other human rights abuses committed by Chadian authorities in Niger? What measures were in place to tackle impunity?
Civil society had described the transfer of persons to Koro Toro prison as “deportations” because these persons were cut off from society in this establishment. What were the conclusions of the National Human Rights Commission’s visits of this institution and of other places of deprivation of liberty?
The principle of proportionality needed to be respected by Government officials in their response to demonstrations.
TODD BUCHWALD, Committee Expert and Country Co-Rapporteur, said that it was alarming that the Government did not know how many people were transferred to Koro Toro. Regarding persons who fired on protesters, did the Government deny that public officials were responsible? Had the magistrates’ strike ended? Had the persons transferred to Koro Toro been charged with crimes? Had their families been informed of their whereabout? It would be very concerning if not. Had detainees undergone medical examinations? Had deceased persons’ bodies been returned to their families, and if not, when would they be returned? When would the mission sent to Koro Toro return?
Did the law on the national gendarmerie of 2019 supersede Ordinance 42 of 1962 regarding provisions on the use of force?
What was the process for non-governmental organizations who wished to conduct visits of places of detention? Could these organizations speak with prisoners? What protections were in place to prevent reprisals against detainees who spoke with these organizations?
Were there allegations of torture by the National Security Agency in its detention cells? Was there an independent system for lodging complaints about these detention facilities? Were staff in these facilities instructed not to use force beyond what was necessary or proportionate?
Mr. Buchwald called for more information on the State project to strengthen the gathering of statistics. What statistics would be collected? It was positive that the National Human Rights Commission’s reports would be published on the internet.
Had any tangible progress been made in ratifying the Optional Protocol to the Convention? Had any persons been prosecuted and convicted for conducting female genital mutilation? How did the Government respond to the recommendations of the National Human Rights Commission? Was there a body responsible for following up on the recommendations of the Committee against Torture?
Another Committee Expert said that amicable settlements were often chosen when the legal system did not benefit the victim. There was a need to strengthen the justice system and protections for victims, which would in turn prevent impunity.
Responses by the Delegation
AHMAD MAKAILA, Permanent Representative of Chad to the United Nations Office at Geneva and head of the delegation , said that he supported the Expert’s views on amicable settlements. There was a need to strengthen the justice system to deter such settlements.
Mr. Makaila said that the delegation also shared several of the concerns raised by Mr. Buchwald. Investigations of the events of 20 October were underway to determine accountability. The mission sent to Koro Toro would return as soon as possible once it had completed its work. Judges were still on strike.
Once individuals were convicted for conducting female genital mutilation, they were held accountable and served prison sentences.
An inter-ministerial mechanism had been established to conduct monitoring and follow-up work regarding the recommendations of the Committee, other treaty bodies and the Universal Periodic Review.
Ordinance 42 was legislation, whilst the 2019 document on the national gendarmerie was not a law but rather a code of ethics. Legislation took precedence over codes of ethics.
Any association wishing to visit prisons could request to do so. There were no restrictions on such visits. The Government was not aware of any complaints incriminating the practices of State agents in prisons. Prison staff were trained in respecting international humanitarian law.
The Government was working on a project with the Office of the High Commissioner for Human Rights to collect up-to-date data related to prison conditions. Data on the prison population would be shared with the Committee. The State was working to improve conditions in prison facilities.
Protecting women from female genital mutilation and providing support for victims was a major responsibility and priority for the Government. It worked to hold perpetrators of violence against women to account.
A detailed report on the deaths of the alleged 44 members of Boko Haram had been submitted to the secretariat of the Committee against Torture. The report noted the responsibility of the State regarding these deaths. To protect the presumption of innocence, the Government had not published the names of the accused persons. Investigations and criminal trials were ongoing, and the Government was in regular contact with the United Nations Special Procedures’ body that was investigating this issue.
Impunity was not encouraged by the State. When State agents were found to have committed an offence, the full rigour of the law was applied. Chad had received reports from the Human Rights Commission of Niger and from other parties regarding human rights abuses by Chadian forces deployed to Niger. Soldiers found to be guilty of these crimes would be held accountable under the law. However, investigations into these incidents were ongoing.
The Government was working to address the recommendations of national and international organizations that visited prisons.
The principle of proportionality needed to be respected regarding response to protests.
Concluding Remarks
CLAUDE HELLER, Committee Chair, thanked the delegation for its substantive participation in the dialogue, despite complications that prevented most of the delegation from travelling to Geneva.
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