official capacity”. The draft Code has currently been submitted to the National Assembly for
adoption.
88. In its efforts to protect women and children from harmful practices, the Government adopted
Act No. 006/PR/2002 of 15 April 2002 on the Promotion of Reproductive Health. Article 9 of
this Act states that: “Everyone has the right not to be subjected to torture and cruel, inhuman
or degrading treatment of the body in general and the reproductive organs in particular. All
forms of violence such as female genital mutilation, early marriage, domestic violence and
sexual abuse of a human being are prohibited”. Pursuant to these texts, several perpetrators of
female genital mutilation have been arrested, tried and sentenced in the Mandoul and Logone
Oriental regions.
89. An advocacy workshop was held from 20 to 24 December 2015 in Koumra, at the Centre
Culturel Campagnard, for traditional leaders and dignitaries of the Mandoul Region on female
genital mutilation (FGM). This Region indeed records the highest rate of FGM practices
(91.7%). It was an opportunity to share information and raise awareness about the harmful
effects of female genital mutilation.
D. Prohibition of arbitrary arrest or detention
90. Article 6 of the African Charter stipulates that: “Every individual shall have the right to liberty
and to security of his person. No one may be deprived of his freedom except for reasons and
conditions previously laid down by law. In particular, no one may be arbitrarily arrested or
detained.”
91. Articles 21, 22, 23 and 25 of the Constitution of the Republic of Chad refer to the prohibition of
unlawful and arbitrary arrests and detentions. According to the above-mentioned provisions,
“unlawful and arbitrary arrests and detentions are prohibited” (Article 21); “No one may be
detained in a correctional facility unless punished under a prevailing criminal law” (Article
22); “No one may be arrested or charged under a law promulgated prior to the facts of which
he stands accused” (Article 23) and “Punishment is personal. No one may be held liable and
prosecuted for an act he has not committed”.
92. According to Article 143, paragraph 1 of the Criminal Code, “when a public official, agent or
servant of the Government has ordered or done any arbitrary or unlawful act interfering, either
with personal liberty or the Constitution, he shall be sentenced to a six months to five years
imprisonment term and a fine of 5,000 to 5,000,000 francs”.
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