CCPR/C/116/D/2297/2013
Committee further notes the author’s claim that he suffered torture during his
incommunicado detention from 17 September to 6 October 2009. It notes the allegations
that DRS officers subjected the author to five or six interrogations per day, during which he
was systematically slapped, kicked, punched, choked and spat at; and that, on several
occasions, he was forced to strip by DRS officers, who urinated on him when he asked to
take a shower. The Committee notes that the State party has confined itself to denying these
allegations on the pretext that only the author made such claims, when in fact the record of
the hearing before the investigating judge of one of his co-accused, on 18 November 2009,
contains similar allegations. The Committee further notes that, during the proceedings, the
author repeatedly denounced the torture to which he had been subjected. Given the failure
to investigate these allegations and the absence of any conclusive evidence, other than a
medical report that is not sufficient to establish whether the author underwent a thorough
medical examination at the end of his period in police custody, and whose probative value
has been called into question by the author, the Committee finds that the State party
violated article 7 of the Covenant, read alone and in conjunction with article 2, paragraph 3.
7.4
In the light of the above finding of a violation of article 7, the Committee has
decided not to consider separately the claims made under article 10 of the Covenant.
7.5
Regarding article 9, the Committee takes note of the author’s allegations that he was
arrested on 17 September 2009 and held incommunicado, without contact with the outside
world, including counsel or his family, and that his detention in an unknown location was
not subject to the oversight of the prosecutor’s office, a fact attested to by the lack of any
procedural document from the public prosecutor prior to 6 October 2009, the date on which
the author’s period in police custody ended. The Committee notes that, according to the
author, the case file contains neither the grounds for his detention in police custody, nor the
authorizations from the public prosecutor for the detention and its extension, which
demonstrates that the author’s arrest and detention were arbitrary. The Committee also
notes the State party’s failure to investigate the author’s alleged arbitrary arrest and
incommunicado detention, despite the complaints he lodged. As the State party has not
provided any explanation for the absence in the case file of information on the exact date of
the author’s arrest, the grounds for the arrest and the legality of his detention, and in the
absence of any investigation into the allegations, the Committee finds that the State party
violated article 9 of the Covenant, read alone and in conjunction with article 2, paragraph 3.
8.
The Committee, acting under article 5, paragraph 4, of the Optional Protocol, is of
the view that the facts before it disclose a violation of articles 7 and 9 of the Covenant, read
alone and in conjunction with article 2, paragraph 3.
9.
In accordance with article 2, paragraph 3 (a), of the Covenant, the State party is
under an obligation to provide the author with an effective remedy. This requires it to make
full reparation to individuals whose Covenant rights have been violated. In the present case,
the State party is obliged, inter alia, to conduct an effective and complete investigation of
the facts, to prosecute and punish the perpetrators, and to provide appropriate measures of
satisfaction. The State party is also obliged to take steps to prevent similar violations in
future.
10.
Bearing in mind that, by becoming a party to the Optional Protocol, the State party
has recognized the competence of the Committee to determine whether there has been a
violation of the Covenant or not and that, pursuant to article 2 of the Covenant, the State
party has undertaken to ensure to all individuals within its territory or subject to its
jurisdiction the rights recognized in the Covenant and to provide an effective and
enforceable remedy when it has been determined that a violation has occurred, the
Committee wishes to receive from the State party, within 180 days, information about the
measures taken to give effect to the present Views. In addition, the State party is invited to
GE.16-07656
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