CAT/C/HND/CO/2
measures taken to prevent the recurrence of similar cases, or on any compensation provided
to the victims’ relatives (arts. 2, 11 and 16).
26.
The State party should, without delay, undertake thorough, impartial
investigations into all cases in which persons have died while in custody and, where
appropriate, carry out autopsies. The State party should determine whether prison
officials and members of the armed forces and the police are in any way responsible
for such deaths and, if so, punish the guilty parties and provide the victims’ family
members with adequate redress.
Inspection and complaint mechanisms
27.
The Committee expresses its concern about reports it has received of cases where
the prosecution service and enforcement judges have had difficulty accessing prisons, in
particular after armed forces personnel were assigned the task of guarding persons deprived
of liberty. The Committee is also concerned that, notwithstanding the provisions of article
297 of the implementing regulations of the National Prison System Act on submitting
complaints to the prison administration, efforts to establish internal mechanisms for
submitting complaints in places of detention in the State party are still ongoing (arts. 2, 11,
12, 13 and 16).
28.
The State party should ensure that all places of detention are subject to regular
and independent inspections. It should also guarantee the right of detainees to lodge
complaints, and the effectiveness of those complaints should be evaluated periodically.
National preventive mechanism
29.
While noting the explanations provided by the delegation, the Committee remains
concerned about the budgetary constraints facing the National Committee for the
Prevention of Torture and Cruel, Inhuman or Degrading Treatment. According to the
information submitted by the National Committee itself, the funds allocated to it are not
sufficient to enable it to function normally. The Committee expresses its concern that the
system currently in place for selecting and appointing the three experts who make up the
National Committee does not seem to include the necessary procedures to ensure the
candidates’ functional independence and the absence of any conflicts of interest. Lastly, the
Committee deplores the lack of information provided on measures taken by the State party
in response to the recommendations made by the National Committee (art. 2).
30.
The State party should ensure that the National Committee for the Prevention
of Torture and Cruel, Inhuman or Degrading Treatment has sufficient resources to
carry out its role effectively and independently, in accordance with the Optional
Protocol to the Convention against Torture and Other Cruel, Inhuman or Degrading
Treatment or Punishment. The Committee urges the State party to adopt criteria for
the selection of the National Committee’s members based on the guidelines on
national preventive mechanisms issued by the Subcommittee on Prevention of Torture
and Other Cruel, Inhuman or Degrading Treatment or Punishment (see CAT/OP/12/5,
paras. 16-20). The State party should also ensure effective follow-up on and
implementation of the recommendations made by the National Committee on the
basis of its monitoring activities (ibid, paras. 13 and 38).
Complaints of torture and ill-treatment
31.
The Committee takes note of the information provided by the State party, according
to which the Office of the Special Prosecutor for Human Rights received 253 complaints of
torture between 2009 and 2014, while the Office of the National Commissioner for Human
Rights — the country’s national human rights institution — registered 912 complaints of
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