Committee Against Torture (CAT)
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Satisfaction with the findings of investigations into claims filed by the
ICHR
The Report mentions that criminal accountability was pursued in some cases,
which involved violation of the body by means of torture and other forms of
cruel, inhuman and degrading treatment. However, the majority of replies sent
to the ICHR indicated that government bodies had investigated torture claims,
but found no valid grounds for these claims. Over and over again, the ICHR has
stressed the need to launch serious investigations into the claims it files.
• In relation to organ harvesting and transplant
The report does not provide information on the actual enforcement of the Law
by Decree No. 6 of 2017 on Organ Harvesting and Transplant. The harvesting
and transplant of some organs are permitted under certain conditions. This
procedure has the noble goal of a better health condition for human beings.
However, it might involve some irregularities, which fall within the category of
“torture and other forms of maltreatment” or human trafficking. Nevertheless,
the ICHR did not record any complaints in regards human trafficking.
The ICHR annual review shows that health statistical reports released by the
Ministry of Health (MoH) are devoid of information on the nature and number
of organs harvesting and transplant surgeries every year. The State’s public
plans and strategies make no reference to any efforts to enforce the law by
decree into effect, establishing an organ bank, and putting in place regulations
and instructions needed to enforce the law by decree. For this reason, it is
necessary that the State present comprehensive data on the actual enforcement
of the said law by decree. Initiated by the State in 2016, organ harvesting and
transplant surgeries may give rise to human rights and legal risks, potentially
leading to human trafficking, putting lives at risk, or stealing organs.
• Invalidating confessions obtained through torture and
other forms of cruel treatment
Paragraph 183 of the State’s report indicates that national legal provisions
allow courts to invalidate any confessions obtained from accused persons
through torture and other forms of cruel treatment. However, the report does
not state the number of court cases, which have invalidated confessions on
these grounds. It also does not make reference to court proceedings instituted
to hold to account perpetrators of torture or other forms of cruel treatment. Of
note, the ICHR is informed about a number of cases, in which courts rendered
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