- Convention on Mutual Administrative Assistance in Customs Matters between
Madagascar and France.
iii.
Abuse and torture (article 16)
425.Madagascar is a State Party to the Convention against Torture since it ratified it in
2005. The review of its initial report to the Committee against Torture took place in
November 2011.
426.The prohibition of torture and inhuman and degrading treatment is constitutionalised
in Article 8 paragraph 2 thereof.
427.Act No. 2008-008 against torture and ill-treatment was adopted on 25 June 2008. It
has provided for an autonomous criminal offense torture and ill-treatment.
428.This law, in Article 11, paragraph A, sub article 1 states: "The penalty is 5 to 10
years imprisonment if:
1° « If the act of torture has been committed against a minor under 18 years of
age or a pregnant woman in a state of apparent pregnancy or known to the
perpetrator; »
And sub article 2 : " If the act of torture has been committed using equipment
especially designed for torture".
429.Moreover, confessions obtained under torture or ill-treatment are not admissible as
evidence in criminal court under Article 6 of Act No. 2008-008 against torture and illtreatment..
iv.
Sexual exploitation and abuse (article 27)
430.The answers concerning the sexual exploitation and child sexual abuse is
discussed under the abuse, neglect, child exploitation, including physical and
psychological rehabilitation and social integration of children in paragraph 220.
v.
Other forms of abuse and exploitation such as begging, early
pregnancy, etc. (Article 29 (b)), sale, child trafficking and
abduction that children (article 29)
431.Following the review of its national report by the Council of Human Rights in the
context of the Universal Periodic Review in 2010, Madagascar has accepted the
permanent visit of Special Rapporteurs.
432.From 15 to 26 July 2013, the Special Rapporteur on the sale of children, child
prostitution and child pornography, Najat Maalla M'jid made an official visit to
Madagascar.
433. At the end of her visit, she portrayed the situation as follows:
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