Prompt, thorough and impartial investigations
(17) While welcoming the adoption of various measures to combat and prevent police brutality, including the
adoption of the Code of Police Ethics, the Committee remains particularly concerned at the number of allegations of
torture and ill-treatment by the police and the lack of prompt and impartial investigation of such cases (art. 12).
The State party should ensure that all allegations of ill-treatment and excessive use of force by the
police are promptly and impartially investigated. In particular, such investigations should not be
undertaken by or under the authority of the police but by an independent body. In connection with
prima facie cases of torture and ill-treatment, the alleged suspect should, as a rule, be subject to
suspension or reassignment during the process of investigation, especially if there is a risk that he or
she might influence the investigation. The State party should prosecute the perpetrators and impose
appropriate sentences on those convicted in order to eliminate impunity for law enforcement personnel
who are responsible for acts prohibited by the Convention.
The Committee notes the information provided by the State party’s delegation on the specific cases put
to it during the dialogue. However, the Committee wishes to reiterate the obligation of the State party
to undertake an independent, thorough, and impartial investigation on all allegations of torture and
ill-treatment. The Committee requests the State party to keep it informed of any developments, within
the context of the ongoing dialogue, and, in particular, with regard to the report submitted by the
Youth Initiative for Human Rights alleging torture by police officers.
Individual complaints
(18) The Committee is concerned at the lack of an effective complaint procedure for individuals who allege to be
victims of torture or ill-treatment by law enforcement officials and in particular that they do not have access to their
medical file to substantiate their claims. In practice, access to the medical file is granted only upon the decision of an
investigating judge (arts. 13 and 16).
The Committee recommends that the State party ensure that every individual who alleges that he or
she has been subjected to torture or ill-treatment has the right to complain to the competent
authorities without any impediment. Furthermore, the State party should ensure that all persons
deprived of their liberty should have access to their medical file upon their request, irrespective of the
decision by the investigating judge.
(19) The Committee welcomes the adoption in 2004 of the law on Witness Protection which came into force
on 1 April 2005, but regrets the lack of any information on its implementation, in particular on measures undertaken
to protect complainants of torture or ill-treatment (arts. 13 and 16).
The Committee recommends that the State party ensure that protection is provided to complainants of
torture and ill-treatment in order to ensure their effective right to file a complaint.
Compensation and rehabilitation
(20) The Committee notes the information provided by the delegation that compensation has been awarded in
only one case for violations under the Convention and that no other victim of such violation has claimed
compensation (art. 14).
The State party should ensure that victims of acts of torture have an enforceable right to claim from
the State party fair and adequate compensation, including the means for as full rehabilitation as
possible. The State party should develop reparation programmes, including treatment of trauma and
other forms of rehabilitation provided to victims of torture and ill-treatment, as well as the allocation
of adequate resources to ensure the effective functioning of such programmes. The State party should
provide information, including statistical data, in this regard in its next periodic report.
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