By Binta Jaiteh
National Assembly has adopted the report of the National Assembly standing committee for Human Right and Constitutional Matters on the Prevention and Prohibition of Torture Bill 2020.
Speaking during the adoption, Honorable Suwaibou Touray, vice chairperson of the committee said: “I rise to table before this august Assembly for the consideration and adoption of the report of the assembly standing committee on Human Right and Constitutional Matters (HRCMC) on the Prevention and Prohibition of Torture Bill in 2020 which was referred to the Committee by plenary on its sitting of Tuesday 21st July 2020.”
According to him, during the process the committee had extensive consultation with relevant stakeholders and also made reference to the Criminal Code as well as International Law instruments such as the United Nations Convention on Torture and other, cruel, Inhuman or Degrading treatment or Punishment (1987).
“As well as the Declaration on the Protection of All Persons from being subjected to torture and other cruel, In Human or Degrading Treatment or Punishment (1975). During consultation, the committee scrutinized each of the provisions and made the following recommendations. Clause 6” Circumstances aggravating torture, notwithstanding section (5) where it is proved that at time of or immediately before or after the commission of torture the offender uses or threatens to use or used a deadly weapon. Offender uses or used sex as a means of torture, victim was a person of disability or he happens to die,” he said.
“The recommendation adds the phrase “or other communicable diseases” in sub section (g) to be read as victim acquires HIV/AlDS or other communicable diseases. clause 14, control over private prosecutions where a criminal proceeding has been instituted under this act the Director of Public Prosecutions may take over and continue the conduct of those proceedings at any stage before the conclusion of the proceedings.
“Require the victim or the person reporting the offence to give him or her all reasonable information and assistance to furnish him or her with any documents or other matters. For the avoidance of doubt a person other than a Public Prosecutor or a police officer may institute criminal proceedings for any offence committed under this act this session shall not prejudice the mandate of the National Assembly Human Rights Commission to entertain and deal with matters under this Act as cases of Human rights cases,” he disclosed.
