CAT/C/71/D/759/2016
to torture and also because, in general, the physical traces of torture soon disappear. 31 In this
regard, the Committee notes that, following his complaint of 29 April 2013, the complainant
appeared before Guerrero State Prosecutor’s Office for the first time on 18 April 2016.
Likewise, despite the decision issued by the Eleventh District Court for Amparo in Criminal
Matters on 1 July 2016, the Federal Prosecution Service official decided not to investigate
the acts of torture. The investigations of the Office of the Attorney General of the Republic
started three years after the events, without any explanation being given for the excessive
delay in the investigations or any timely information on the progress of the investigation
being provided to the complainant.32
10.9 In the light of the above, the Committee concludes that the State party has failed to
fulfil its obligations under articles 12 and 13 of the Convention.
10.10 The Committee notes that the complainant alleges a violation of article 14 of the
Convention and also claims that the compensation offered by Taxco City Council does not
meet the requirements of article 14. The Committee recalls its general comment No. 3 of
2012, in which it emphasizes that “the obligation of States parties to provide the means for
as full rehabilitation as possible for anyone who has suffered harm as a result of a violation
of the Convention should be holistic and include medical and psychological care as well as
legal and social services”.33 In view of the lack of prompt and impartial investigation of the
complaints submitted by the complainant, and all the issues highlighted in the previous
paragraphs, the Committee concludes that the State party failed to comply with its obligations
under article 14 of the Convention.
11.
The Committee, acting under article 22 (7) of the Convention , rules that the facts
before it reveal a violation by the State party of articles 1; 2 (1); 11; 12; 13 and 14 of the
Convention.
12.
Pursuant to rule 118 (5) of its rules of procedure, the Committee invites the State party
to: (a) initiate an impartial, thorough, effective and independent investigation into the acts of
torture; (b) prosecute, try and punish appropriately the persons found guilty of the violations;
(c) grant full reparation, including fair and adequate compensation, to the complainant and
his family, and provide the complainant with as full a rehabilitation as possible; and (d) take
the steps necessary to provide guarantees of non-repetition in connection with the facts of the
present complaint. The Committee hereby requests the State party to inform it, within 90
days of the date of transmittal of the present decision, of the steps it has taken to respond to
the above observations.
31
32
33
GE.21-13347
Ibid., para. 9.5.
Dimitrijevic v. Serbia and Montenegro (CAT/C/33/D/207/2002), para. 5.4.
General comment No. 3, para. 11.
15
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