CAT/C/55/D/553/2013
convicted of military conspiracy on the basis of those confessions and that the State
party has not carried out any investigations, despite his numerous complaints of
torture. The Committee recalls that the broad scope of the prohibition in article 15
against invoking any statement that is established to have been made as a result of
torture as evidence in any proceedings is a functio n of the absolute nature of the
prohibition of torture and implies, consequently, an obligation for each State party to
ascertain whether or not statements admitted as evidence in any proceedings for which
it has jurisdiction have been made as a result of torture. In the present case, the State
party has failed to conduct any such verification, and the Committee accordingly finds
that it has violated the right of X under article 15 of the Convention.
8.
The Committee, acting under article 22, paragraph 7, of the C onvention, is of the
view that the facts before it disclose a violation of article 1, article 2 (para. 1) read in
conjunction with article 11, and articles 12, 13, 14, 15 and 16 of the Convention.
9.
Pursuant to rule 118, paragraph 5, of its rules of procedure, the Committee urges
the State party to: (a) conduct an impartial investigation into the incidents in question,
with a view to bringing to justice those responsible for the complainant ’s treatment;
(b) grant the complainant appropriate redress, including compensation for the material
and psychological injury caused, measures of restitution, rehabilitation and
satisfaction, and guarantees of non-repetition; (c) take all necessary measures to
prevent any threats or any act of violence to which the complainant or his family
might be exposed, in particular as a result of having lodged the present complaint; and
(d) inform the Committee, within 90 days from the date of transmittal of this decision,
of the steps it has taken in response to the views expressed above, including
compensation for the complainant.
16/16
GE.15-16736
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