Committee against Torture

Concluding observations on Cabo Verde in the absence of a report *

1.In the absence of the initial report of the State party, the Committee considered the status of implementation of the Convention in Cabo Verde at its 1486th meeting, held on 24 November 2016 (see CAT/C/SR.1486). In accordance with rule 67, paragraph 3, of the Committee’s rules of procedure, the Committee notified the State party that it intended to examine the measures taken to protect or give effect to the rights recognized in the Convention in the absence of a report and to adopt concluding observations. On the basis of information obtained from national and international sources, including other United Nations mechanisms, the Committee adopted the present concluding observations at its 1501st meeting, held on 5 December 2016.

A.Introduction

2.Cabo Verde acceded to the Convention on 4 June 1992. The State party was under an obligation to submit its initial report under article 19, paragraph 1, of the Convention by 3 July 1993. Each year thereafter, Cabo Verde was included in the list of States parties with overdue reports in the annual report which the Committee submits to the States parties and the General Assembly. By a letter dated 4 September 2014, the Committee reminded the State party about the overdue initial report and about the possibility for the Committee to proceed with a review in the absence of such a report. On 9 April 2015, the Committee invited the State party to accept the simplified reporting procedure to assist it in preparing its overdue report and reiterated the Committee’s view regarding the possibility of a review in the absence of a report as a result of the extended delay in its submission. On 10 December 2015, the Committee informed the State party of its decision to review the situation in Cabo Verde in the absence of a report, in accordance with rule 67, paragraph 3, of its rules of procedure, while maintaining the possibility for the State party to send its initial report or to accept the simplified reporting procedure. The State party never responded to these communications or to the reminders sent on 17 May 2016 and 15 August 2016. On 9 November 2016, during the Committee’s current session, the State party informed the Committee that it would not send a delegation to the review of Cabo Verde in the absence of a report and that the new Government in place since April 2016 had only recently been informed of the overdue report. The State party also requested additional time to submit a report. By a letter dated 10 November 2016, the Committee informed the State party that, in view of the fact that it had sent several reminders, it would proceed with the review in the absence of a report, but it encouraged the participation of a delegation from the State party. The State party declined to send a delegation for the review. During a meeting with the Permanent Representative of Cabo Verde to the United Nations on 15 November 2016, the Chairperson of the Committee offered the possibility of a videoconference to enable the participation of a delegation from the capital. The Permanent Representative reiterated the position of his Government, as set out in the above-mentioned letter of 9 November 2016.

3.The Committee regrets that the State party has failed to meet its reporting obligations under article 19 of the Convention for 23 years, which precluded the Committee from assessing the implementation of the Convention by the State party. It also regrets that the State party did not send a delegation to the review, which prevented the Committee from engaging in a constructive dialogue.

4.Notwithstanding the voluntary commitments made by the State party during the universal periodic review of the Human Rights Council to present its overdue reports (see A/HRC/WG.6/16/CPV/1, paras. 10 and 11), the Committee regrets that the State party has not yet complied with its reporting obligations under the Convention.

B.Positive aspects

5.The Committee notes with satisfaction that, since its accession to the Convention, the State party has ratified or acceded to the following international instruments:

(a)The Convention on the Rights of the Child, on 4 June 1992;

(b)The International Covenant on Economic, Social and Cultural Rights and the Optional Protocol thereto, on 6 August 1993;

(c)The International Covenant on Civil and Political Rights, on 6 August 1993;

(d)The International Convention on the Protection of the Rights of All Migrant Workers and Members of Their Families, on 16 September 1997;

(e)The First and Second Optional Protocols to the International Covenant on Civil and Political Rights, on 19 May 2000;

(f)The Optional Protocol to the Convention on the Rights of the Child on the sale of children, child prostitution and child pornography, on 10 May 2002;

(g)The Optional Protocol to the Convention on the Rights of the Child on the involvement of children in armed conflict, on 10 May 2002;

(h)The Convention on the Rights of Persons with Disabilities, on 10 October 2011;

(i)The Optional Protocol to the Convention on the Elimination of All Forms of Discrimination against Women, on 10 October 2011;

(j)The Rome Statute of the International Criminal Court, on 10 October 2011;

(k)The Optional Protocol to the International Covenant on Economic, Social and Cultural Rights, on 23 June 2014;

(l)The Optional Protocol to the Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment, on 1 April 2016.

6.The Committee also welcomes with satisfaction the legislative measures taken by the State party to give effect to the Convention, in particular:

(a)The Constitution, revised in 2010, which prohibits torture and ill-treatment (art. 28 (2)), establishes the inadmissibility of evidence obtained through torture or coercion (art. 35 (8)), includes the principle of non-refoulement with regard to extradition (art. 38 (1) (c)) and provides that domestic violence should be punishable by law (art. 82 (9));

(b)The adoption, in 2011, of Act No. 84/VII/2011 on Gender-based Violence, and, in 2015, of Decree-Law No. 8/2015, which regulates the provisions of the Act;

(c)The adoption, in 1992, of Act No. 67/IV/92, establishing a support scheme for victims of torture and political repression, and, in 1993, of Decree No. 12/93 establishing a compensation scheme for victims of torture and political repression and their descendants.

7.The Committee notes the initiatives of the State party to amend its policies and procedures in order to afford greater protection of human rights and to apply the Convention, in particular:

(a)The adoption of two National Plans to Combat Gender-based Violence, one for the period 2007-2011, adopted in November 2006, and another for the period 2014-2018, adopted in July 2014;

(b)The establishment, in 2006, of the Cabo Verdean Institute for Children and Adolescents, which maintains a hotline for cases of child abuse and coordinates the intervention of various partners, including police, prosecutors, hospitals and health centres;

(c)The creation of an inter-institutional and stakeholder network for support and protection of victims of gender-based violence (Rede Sol);

(d)The establishment, in 2014, of support centres for victims of gender-based violence.

C.Principal subjects of concern and recommendations

Direct application of the Convention by domestic courts

8.While noting that article 12 of the Constitution establishes that international treaties ratified by the State party are an integral part of the national legal order and take precedence over domestic laws, the Committee regrets the lack of information, owing to the absence of a State party report, on the direct application of the Convention by the domestic courts (arts. 2 and 12).

9. The State party should ensure the full applicability of the provisions of the Convention in the national legal order. It should also compile and provide information about specific cases in which the Convention has been applied directly by the courts or has been invoked before them. The State party should also ensure that State officials