CAT/C/CMR/CO/4
and acts of torture and cruel, inhuman or degrading treatment by the security forces (arts. 2,
11, 12 and 16).
The Committee recommends that a full, thorough and independent inquiry be opened
into the events of February 2008. The State party should also publish the report on the
inquiries it has carried out and submit a copy of it to the Committee for appraisal. At
the same time, the State party should promptly begin thorough, impartial and forensic
medical investigations into allegations of extrajudicial killings, acts of torture and
cruel, inhuman or degrading treatment by the security forces and ensure that the
perpetrators are brought to justice and sentenced appropriately.
Impunity
20.
While welcoming the information transmitted by the State party on the prosecution
of members of the security forces for violations of the Convention, the Committee remains
seriously concerned about:
(a)
Credible allegations that investigations and prosecutions relating to acts of
torture and cruel, inhuman or degrading treatment are not carried out systematically and
that perpetrators who are convicted receive light sentences that are not proportional to the
seriousness of their crimes;
(b)
The fact that prior authorization from the Ministry of Defence is required to
prosecute gendarmes and military personnel for offences committed in military barracks or
while on active duty;
(c)
The lack of measures to protect complainants and witnesses against illtreatment and intimidation after they lodge complaints or give evidence, which means that
only a limited number of complaints are lodged for acts of torture or cruel, inhuman or
degrading treatment;
(d)
Article 30, paragraph 2, of the Code of Criminal Procedure, under which “the
officer, judicial police officer or law enforcement officer who carries out the arrest requests
that the person to be arrested accompany him or her and, if the person refuses, uses
whatever force is necessary in proportion to the resistance met”;
(e)
The lack of exhaustive statistics on the number of investigations and
prosecutions of law enforcement officers for acts of torture or cruel, inhuman or degrading
treatment (arts. 2, 12, 13 and 16).
The State party should demonstrate its firm commitment to eliminating the persistent
problem of torture and impunity and:
(a)
Publicly and unambiguously condemn the use of all forms of torture,
addressing in particular law enforcement officers, the armed forces and prison staff,
and including in its statements clear warnings that any person committing or
participating in such acts or acting as an accomplice shall be held personally
responsible before the law and shall be liable to criminal penalties;
(b)
Take immediate steps to ensure that, in practice, all allegations of
torture and ill-treatment are the subject of prompt, impartial and effective
investigations and that those responsible — law enforcement officers and others —
are prosecuted and punished without the need for prior authorization from their
superiors or from the Ministry of Defence. Investigations should be conducted by a
fully independent body;
(c)
Ensure that, in cases of alleged torture, suspects are suspended from
duty immediately for the duration of the investigation, particularly if there is a risk
that they might otherwise be in a position to obstruct the investigation;
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