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The State party should ensure that all the requirements of article 4 of the Covenant
are complied with in its law and practice, including the prohibition of derogation
from the rights listed in its paragraph 2. In this regard, the Committee draws the
attention of the State party to its general comment No. 29 and the obligations
imposed upon the State party to inform other States parties, as required by its
paragraph 3.

14. The Committee notes with concern that the death penalty is not restricted to the
“most serious crimes” within the meaning of article 6, paragraph 2, and is applicable to drug
trafficking. The Committee regrets that, despite the amendment in 2003 of the Penal Code,
which prohibits imposition of the death penalty on persons below 18 years of age, the State party
has not yet withdrawn its declaration to the Covenant on article 6, paragraph 5 (art. 6).

The State party should review the imposition of the death penalty for offences
related to drug trafficking in order to reduce the categories of crime punishable by
death. The State party should also consider the withdrawal of its declaration on
article 6, paragraph 5, of the Covenant.

15. The Committee is concerned about the persistent allegations of excessive use of force by
law enforcement officials, as well as ill-treatment at the time of arrest and during police custody.
The Committee is also concerned about reports of the widespread use of torture and cruel,
inhuman or degrading treatment of detainees by law enforcement officials, including in the
so-called “safe houses”. It is also concerned at the impunity flowing from the fact that only a
few of the investigations into cases of ill-treatment have resulted in prosecutions, and fewer, in
convictions, and that adequate compensation to victims has not been provided (arts. 2, 7, 9).

The State party should guarantee in practice unimpeded access to legal counsel and
doctors immediately after arrest and during detention. The arrested person should
have an opportunity immediately to inform the family about the arrest and place of
detention. Provision should be made for a medical examination at the beginning
and end of the detention period. Provision should also be made for prompt and
effective remedies to allow detainees to challenge the legality of their detention.
Anyone arrested or detained on a criminal charge must be brought promptly
before a judge. The State party should ensure that all alleged cases of torture,
ill-treatment, disproportionate use of force by police and death in custody are fully
and promptly investigated, that those found responsible are brought to justice, and
that compensation is provided to the victims or their families.

16. The Committee is concerned at the overcrowding and general conditions of places of
detention, particularly with regard to sanitation and access to health care and adequate food. The
Committee is also concerned that the right of detainees of access to lawyers and members of the
family is not always observed in practice. The Committee considers the duration of detention
before a person is brought before a judge to be incompatible with the requirements of the
Covenant. The Committee deplores the continued shackling of death row prisoners and reports
of prolonged solitary confinement. Pretrial detainees frequently are not segregated from
convicted prisoners. Furthermore, the Committee is concerned at the significant number of
women in the prison population and the fact that juveniles are often held in adult cells
(arts. 7, 10 and 24).