CAT/C/USA/CO/2
page 7
25.
The Committee is concerned at allegations of impunity of some of the State party’s
law-enforcement personnel in respect of acts of torture or cruel, inhuman or degrading treatment
or punishment. The Committee notes the limited investigation and lack of prosecution in respect
of the allegations of torture perpetrated in areas 2 and 3 of the Chicago Police Department
(art. 12).
The State party should promptly, thoroughly and impartially investigate all
allegations of acts of torture or cruel, inhuman or degrading treatment or
punishment by law-enforcement personnel and bring perpetrators to justice, in
order to fulfil its obligations under article 12 of the Convention. The State party
should also provide the Committee with information on the ongoing investigations
and prosecution relating to the above-mentioned case.
26.
The Committee is concerned by reliable reports of acts of torture or cruel, inhuman and
degrading treatment or punishment committed by certain members of the State party’s military
or civilian personnel in Afghanistan and Iraq. It is also concerned that the investigation and
prosecution of many of these cases, including some resulting in the death of detainees, have led
to lenient sentences, including of an administrative nature or less than one year’s imprisonment
(art. 12).
The State party should take immediate measures to eradicate all forms of torture
and ill-treatment of detainees by its military or civilian personnel, in any territory
under its jurisdiction, and should promptly and thoroughly investigate such acts,
prosecute all those responsible for such acts, and ensure they are appropriately
punished, in accordance with the seriousness of the crime.
27.
The Committee is concerned that the Detainee Treatment Act of 2005 aims to withdraw
the jurisdiction of the State party’s federal courts with respect to habeas corpus petitions, or other
claims by or on behalf of Guantánamo Bay detainees, except under limited circumstances. The
Committee is also concerned that detainees in Afghanistan and Iraq, under the control of the
Department of Defense, have their status determined and reviewed by an administrative process
of that department (art. 13).
The State party should ensure that independent, prompt and thorough procedures
to review the circumstances of detention and the status of detainees are available to
all detainees, as required by article 13 of the Convention.
28.
The Committee is concerned at the difficulties certain victims of abuses have faced in
obtaining redress and adequate compensation, and that only a limited number of detainees have
filed claims for compensation for alleged abuse and maltreatment, in particular under the Foreign
Claims Act (art. 14).
The State party should ensure, in accordance with the Convention, that mechanisms
to obtain full redress, compensation and rehabilitation are accessible to all victims
of acts of torture or abuse, including sexual violence, perpetrated by its officials.