3. Prohibition of torture and other cruel, inhuman or degrading treatment
Article 5
Every individual shall have the right to the respect of the dignity inherent in a human being and
to the recognition of his legal status. All forms of exploitation and degradation of man,
particularly slavery, slave trade, torture, cruel, inhuman or degrading punishment and treatment
shall be prohibited.
68. Article 10 of the Constitution of the Republic of Djibouti establishes the principle that the human
person may not be violated on any grounds. Therefore, in accordance with this article, the State party
has the obligation to do everything possible to “respect and protect” the human person.
69. Regarded as a corollary of the right to life and the quality of being human, legal personality is absolute in
Djibouti. Despite the lack of provisions expressly establishing this right in Djibouti law, legal personality
is not restricted in any way, as the right is acquired at birth and lasts throughout one’s lifetime. Thus, it
is recognized that everywhere, regardless of a person’s situation, everyone has the right to realize the
various aspects of their personality.
70. Article 16 of the Constitution prohibits torture and cruel, inhuman, degrading or humiliating treatment
and protects every person against such acts. The Constitution also prohibits the arbitrary detention of
individuals who have not violated the criminal law in force. Among the constitutional protections
afforded to detainees is the right of every individual to a medical examination.
71. The Republic of Djibouti acceded to the Slavery Convention of 26 September 1926, and to the
Supplementary Convention on the Abolition of Slavery, the Slave Trade, and Institutions and Practices
Similar to Slavery of 7 September 1956. Djibouti also ratified ILO Convention No. 29 concerning
forced or compulsory labour of 10 June 1930 and Convention No. 105 concerning the abolition of
forced labour in 2004.
72. Djibouti ratified without reservation the Convention against torture and other cruel, inhuman or
degrading treatment or punishment in 2002 and submitted its initial report in 2010 to the Committee
against torture pursuant to articles 21 and 22 of this Convention.
73. The State makes every effort to prevent and punish acts of torture and cruel, inhuman or degrading
treatment in practice and in accordance with criminal legislation. Title III, chapter 1, of the Criminal
Code sets out the penalties for the most serious and lesser offences against persons. Anyone who has
been arrested has the right to telephone their lawyer or a family member as soon as they are taken into
police custody. If a person has been remanded in custody, they have the right to family visits in
accordance with the Prison Code.
74. Article 325 of the Code punishes abuse of authority against private individuals. It stipulates that “when
an official or public employee, in the exercise of, or by virtue of, their functions, uses or orders the use
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