CAT/C/51/D/441/2010
were brought against the perpetrators or any remedy provided to the complainant. In
addition, the Committee notes that it remains uncontested that the complainant was never
promptly informed by the authorities who investigated his complaints, as to whether the
investigation was being carried out and at what stage the investigation was.12
9.6
In the light of the above findings and based on the materials before it, the Committee
concludes that the State party has failed to comply with its obligation to carry out a prompt
and impartial investigation into the complainant’s allegations of torture, in violation of
article 12 of the Convention. The Committee considers that the State party has also failed to
comply with its obligation, under article 13, to ensure the complainant’s right to complain
and to have his case promptly and impartially examined by the competent authorities.
9.7
With regard to the alleged violation of article 14 of the Convention, the Committee
notes that it is uncontested that the absence of criminal proceedings deprived the
complainant of the possibility of filing a civil suit for compensation since, according to
domestic law, the right to compensation for torture arises only after conviction of the
responsible officials by a criminal court. The Committee recalls in this respect that
article 14 of the Convention recognizes not only the right to fair and adequate
compensation, but also requires States parties to ensure that the victim of an act of torture
obtains redress. The redress should cover all the harm suffered by the victim, including
restitution, compensation, rehabilitation of the victim and measures to guarantee that there
is no recurrence of the violations, while always bearing in mind the circumstances of each
case. The Committee considers that, notwithstanding the evidentiary benefits to victims
afforded by a criminal investigation, a civil proceeding and the victim’s claim for
reparation should not be dependent on the conclusion of a criminal proceeding. It considers
that compensation should not be delayed until criminal liability has been established. A
civil proceeding should be available independently of the criminal proceeding and
necessary legislation and institutions for such civil procedures should be in place. If
criminal proceedings are required by domestic legislation to take place before civil
compensation can be sought, then the absence or delay of those criminal proceedings
constitute a failure on behalf of the State party to fulfil its obligations under the
Convention. The Committee emphasizes that disciplinary or administrative remedies
without access to effective judicial review cannot be deemed to constitute adequate redress
in the context of article 14. On the basis of the information before it, the Committee
concludes that the State party is also in breach of its obligations under article 14 of the
Convention.13
9.8
With regard to the alleged violation of article 15 of the Convention, the Committee
observes that the broad scope of the prohibition in article 15 of the Convention, proscribing
the invocation of any statement which is established to have been made as a result of torture
as evidence in any proceedings is a function of the absolute nature of the prohibition of
torture and implies, consequently, an obligation for each State party to ascertain whether or
not statements admitted as evidence in any proceedings for which it has jurisdiction have
been made as a result of torture14. In this connection, the Committee observes that the
national courts failed to address adequately the complainant’s repeated allegations that he
had been forced to produce written confessions as a result of torture. Accordingly, the
Committee concludes that the State party has failed to ascertain whether or not statements
admitted as evidence in the proceedings have been made as a result of torture. In these
12
13
14
16
See communication No. 207/2002, Dragan Dimitrijevic v. Serbia and Montenegro, decision of 24
November 2004, para. 5.4.
Ibid., para. 5.5.
See e.g. communication No. 219/2002, G.K. v. Switzerland, decision adopted on 7 May 2003, para.
6.10.