CAT/C/41/D/291/2006
page 9
cases in which the Committee considered that such abuse constituted acts of torture.14 The
complainant was also subjected to objectively credible threats that she and members of her
family would be raped and to insults and obscenities that caused mental suffering which itself
amounted to a form of torture.15 The circumstances and unfolding of events, as well as the
insults, leave no doubt that the intention was to trigger feelings of humiliation and inferiority.16
The complainant was stripped by force by a person of the opposite sex in the presence of many
other persons of the opposite sex. Tearing off her clothes could not be justified by security
concerns: it was intended specifically to humiliate her. It also indicates a departure from the
Standard Minimum Rules for the Treatment of Prisoners, article 8 (a) of which requires
institutions that receive both men and women to keep the whole of the premises allocated to
women entirely separate.
3.9 According to the complainant, it is clear that this abuse was inflicted by public officials, as
required by article 1 of the Convention, as it was committed by civil servants and members of
the forces of law and order acting in that capacity. Moreover, this physical abuse was
intentionally inflicted with the aim of punishing her for her remarks to an official. The various
officials before whom the complainant was brought questioned her solely about those remarks,
and the judge sentenced her on the basis of those remarks.
3.10 According to the complainant, the State party also failed in its obligation to take effective
legislative, administrative, judicial or other measures to prevent acts of torture. For over
10 years, international human rights treaty-monitoring bodies have been expressing concern
about the widespread use of torture and have made recommendations to get the State party to
14
Counsel refers to communication No. 207/2002, Dragan Dimitrijevic v. Serbia and
Montenegro, cit. (a young detainee not charged with any offence beaten repeatedly by police
officers in a police station), and communication No. 49/1996, S.V. et al. v. Canada, Views
adopted on 15 May 2001 (complainant brutally assaulted by soldiers and beaten about the head
until he lost consciousness).
15
Counsel refers to the report of the Special Rapporteur on the question of torture contained in
document A/56/156: “It is the Special Rapporteur’s opinion that serious and credible threats,
including death threats, to the physical integrity of the victim or a third person can amount to
cruel, inhuman or degrading treatment or even to torture, especially when the victim remains in
the hands of law enforcement officials” (para. 8).
16
Counsel refers to the case law of the European Court of Human Rights, which has considered
that, in order to establish whether treatment is degrading, it is necessary to determine whether its
object is to humiliate and debase the person concerned and whether, as far as the consequences
are concerned, it adversely affected his or her personality in a manner incompatible with
article 3 of the European Convention on Human Rights. The Court concluded that obliging a
person to strip naked in the presence of a person of the opposite sex shows a clear lack of respect
for the individual concerned, who is subjected to a genuine assault on his or her dignity (see
Valašinas v. Lithuania, application No. 44558/98, ECHR 2001-VIII, and Iwańczuk v. Poland,
application No. 25196/94, 15 November 2001).