A/69/44
Committee remains seriously concerned about the substantial gap between the legislative
framework and its practical implementation, as evidenced partly by the lack of cases during
the reporting period in which State officials have been prosecuted, convicted and sentenced
to imprisonment for torture (arts. 2, 4, 12 and 16).
(6)
The Committee is gravely concerned at the State party’s persistent pattern of failure
to conduct prompt, impartial and full investigations into the many allegations of torture and
ill-treatment and to prosecute alleged perpetrators, which has led to serious underreporting
by victims of torture and ill-treatment, and impunity for State officials allegedly responsible
(arts. 2, 11, 12, 13 and 16).
In particular, the Committee is concerned about:
(a)
The lack of an independent and effective mechanism for receiving complaints
and conducting impartial and full investigations into allegations of torture. Serious conflicts
of interest appear to prevent existing mechanisms from undertaking effective, impartial
investigations into complaints received;
(b)
Barriers at the pre-investigation stage, particularly with regard to forensic
medical examinations, which in many cases are not carried out promptly following
allegations of abuse, are performed by medical professionals who lack independence,
and/or are conducted in the presence of other public officials, leading to the failure of the
medical personnel to adequately record detainees’ injuries, and consequently to
investigators’ failure to open formal investigations into allegations of torture, for lack of
evidence;
(c)
The apparent practice by investigators of valuing the testimonies of
individuals implicated in torture over those of complainants, and of dismissing complaints
summarily; and
(d)
The failure of the judiciary to effectively investigate torture allegations raised
by criminal defendants and their lawyers in court. Various sources report that judges
commonly ignore information alleging the use of torture, including reports from
independent medical examinations.
As a matter of urgency, the State party should take immediate and effective measures
to prevent acts of torture and ill-treatment throughout the country, including by
implementing policies that would eliminate impunity for perpetrators of torture and
ill-treatment and ensure prompt, impartial, effective investigations into all allegations
of torture and ill-treatment, prosecution of those responsible, and the imposition of
appropriate sentences on those convicted. The State party should:
(a)
Publicly and unambiguously condemn the use of all forms of torture,
warning that any person ordering, committing, instigating, acquiescing to or acting as
an accomplice to such acts shall be criminally prosecuted and punished;
(b)
Establish an independent and effective mechanism to facilitate the
submission of complaints by victims of torture and ill-treatment to public authorities;
and ensure that complaint mechanisms are available and that complainants are
protected in practice against abuse or intimidation as a consequence of their
complaint or any evidence given;
(c)
Ensure that all health professionals who encounter signs of torture and
ill-treatment are under a legal obligation to document such abuses, in line with the
Manual on Effective Investigation and Documentation of Torture and Other Cruel,
Inhuman or Degrading Treatment or Punishment (Istanbul Protocol), that all persons
deprived of their liberty are guaranteed timely access to a qualified and independent
medical investigator upon their request, and that all medical examinations are carried
36
GE.14-12596
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