GUIDE ON ANTI-TORTURE LEGISLATION article in conformity with any treaties on mutual judicial assistance that may exist between them. Article 12 Each State Party shall ensure that its competent authorities proceed to a prompt and impartial investigation, wherever there is reasonable ground to believe that an act of torture has been committed in any territory under its jurisdiction. Article 13 Each State Party shall ensure that any individual who alleges he has been subjected to torture in any territory under its jurisdiction has the right to complain to, and to have his case promptly and impartially examined by, its competent authorities. Steps shall be taken to ensure that the complainant and witnesses are protected against all ill-treatment or intimidation as a consequence of his complaint or any evidence given. 16. The Convention requires States parties to ensure a right to complain to competent authorities and protect victims and witnesses against reprisals States parties must also ensure that impartial and effective complaints mechanisms are established to enable any persons to lodge a complaint.115 This right to complain is to be found in article 13 of the Convention.116 This right to complain is fundamental to combat torture and ill-treatment as it enables any person to make a complaint that will trigger a prompt and impartial examination into the facts. This obligation is also part of the procedural aspect of the right to redress in article 14.117 The Committee has affirmed in its General Comment N°3 that to satisfy this obligation, States are to enact legislation.118 The Committee also addressed the issues in several concluding observations.119 Importantly, the Committee recommends the establishment of an independent body to investigate allegations of torture committed by State agents, such establishment ordinarily to be enacted through legislation. In order to ensure this right, persons lodging a complaint shall be protected against any form of reprisals, as clearly stated in article 13 of the Convention. Therefore States shall take steps to “ensure that the complainant and witnesses are protected against ill-treatment or intimidation as a consequence of his complaint or any 38 115 CAT, General Comment N°3, op. cit. 11, § 23. 116 Ibid. 117 Ibid, § 5. 118 Ibid, §§ 23 and 25. 119 CAT, Concluding observations on Germany (12 December 2011), UN Doc. CAT/C/DEU/CO/5, §§ 6 and 12; CAT, Concluding observations on Canada (25 June 2012), UN Doc. CAT/C/CAN/CO/6, § 7; CAT, Concluding observations on Portugal (23 December 2013), UN Doc. CAT/C/PRT/CO/5-6, § 4; CAT, Concluding observations on Switzerland (25 May 2010), UN Doc. CAT/C/CHE/CO/6, § 4.

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