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targets of such actions, and any investigations have generally failed to lead to prosecutions and
sentences commensurate with the gravity of the crimes committed, creating a culture of
impunity. The Committee further notes with concern that this situation reflects a lack of
effective remedies available to victims of human rights violations, which is incompatible with
article 2, paragraph 3, of the Covenant (arts. 2, 6, 7).
The State party should conduct full and impartial investigations into these and such
other events and should, depending on the findings of the investigations, institute
proceedings against the perpetrators. The State party should also ensure that
victims and their families, including the relatives of missing and disappeared
persons, receive adequate redress. Furthermore, it should continue its efforts to
train police officers, members of the military and prison officers to scrupulously
respect applicable international standards. The State party should actively pursue
the idea of establishing an independent civilian body to investigate complaints filed
against law enforcement officials.
11. The Committee notes with concern that the provisions of the Civil Code are
discriminatory against women with regard to grounds for divorce (arts. 3 and 26).
The State party should amend the provisions of the Civil Code governing grounds
for divorce in line with articles 3 and 26 of the Covenant.
12. Notwithstanding the pending enactment of the Prevention of Domestic Violence Bill
and the measures taken by the State party, including the “white ribbons” campaign, the
Committee is concerned at reports that domestic violence is prevalent and that specific legal
provisions on domestic violence, including marital rape, are lacking in the State party’s
legislation (arts. 3, 7, 26).
The State party should adopt the necessary policy and legal frameworks to
effectively combat domestic violence. It should establish crisis-centre hotlines and
victim support centres equipped with medical, psychological and legal support,
including shelters. Law enforcement officials, in particular police officers, should
also be provided with appropriate training to deal with cases of domestic violence,
and awareness-raising efforts should be continued to widely sensitize members of
the public.
13. The Committee is concerned that the Emergency Decree on Government Administration
in States of Emergency which came into immediate effect on 16 July 2005, and on the basis of
which a state of emergency was declared in three southern provinces, does not explicitly specify,
or place sufficient limits, on the derogations from the rights protected by the Covenant that may
be made in emergencies and does not guarantee full implementation of article 4 of the Covenant.
It is especially concerned that the Decree provides for officials enforcing the state of emergency
to be exempt from legal and disciplinary actions, thus exacerbating the problem of impunity.
Detention without external safeguards beyond 48 hours should be prohibited (art. 4).