A/69/44
The State party should ensure that all cases of forced internment in mental healthcare institutions are properly and duly registered. The Committee requests the State
party to provide information on conditions for persons in psychiatric hospitals.
Prompt, thorough and impartial investigations
(18) The Committee expresses concern at reports of persistent impunity for police
officers and prison officials who torture or ill-treat arrested and detained persons. The
Committee notes that, according to the information provided by the State party’s
delegation, 50 cases of torture reached the sentencing stage during the period under review,
with sentences ranging between 6 months’ and 27 years’ imprisonment. Nonetheless, the
State party was unable to provide comprehensive and disaggregated data on complaints,
investigations, prosecutions and convictions in cases of torture and ill-treatment (arts. 2, 11,
12, 13 and 16).
The State party should:
(a)
Take appropriate measures to ensure that all allegations of torture or illtreatment are promptly, thoroughly and impartially investigated, perpetrators are
duly prosecuted and, if found guilty, sentenced to penalties that take into account the
grave nature of their acts;
(b)
Ensure that investigations into allegations of torture or ill-treatment are
conducted by an independent body that is not under the authority of the police;
(c)
Establish an independent complaints system for all persons deprived of
their liberty; and
(d)
Unambiguously reaffirm the absolute prohibition of torture, publicly
condemn practices of torture and issue a clear warning that anyone committing such
acts or otherwise complicit or participating in torture will be held personally
responsible before the law for those acts and will be subject to criminal prosecution
and appropriate penalties.
Deaths in custody
(19) The Committee notes that, despite the request it made to the State party’s delegation
to provide information on cases of death in custody that had occurred during the period
under review, no information has been received on this subject (arts. 2, 11 and 16).
The State party should take measures to ensure that all instances of death in custody
are promptly investigated and that those found responsible for deaths in custody that
result from torture, ill-treatment or wilful negligence are convicted and adequately
punished.
Redress, including compensation and rehabilitation
(20) While noting the content of article 58 of the Constitution (Right to compensation
and State responsibility) and the existence of several institutional mechanisms to claim
redress for human rights violations, the Committee is concerned at reports that victims of
torture and ill-treatment hardly ever receive redress, including adequate compensation and
rehabilitation. In this regard, the Committee regrets that the State party provided
insufficient information on redress and compensation measures, including means of
rehabilitation, that have been ordered by the courts or other State bodies and actually
provided to victims of torture or their families since the entry into force of the Convention
in the State party (art. 14).
The State party should take the necessary steps to ensure that victims of torture and
ill-treatment receive redress, including fair and adequate compensation and the
means for as full a rehabilitation as possible. The Committee draws the State party’s
GE.14-12596
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