CAT/C/65/D/778/2016
such disclosure does not cause further harm or threaten the safety and interests of the
complainants.9 Similarly, the Committee recalls that:
a State’s failure to investigate, criminally prosecute, or to allow civil proceedings
related to allegations of acts of torture in a prompt manner, may constitute a de facto
denial of redress and thus constitute a violation of the State’s obligations under
article 14.10
Furthermore, “to give effect to article 14, States parties shall enact legislation specifically
providing a victim of torture and ill-treatment with an effective remedy and the right to
obtain adequate and appropriate redress”.11 Likewise:
undue delays in initiating or concluding legal investigations into complaints of
torture or ill-treatment compromise victims’ rights under article 14 to obtain redress,
including fair and adequate compensation and the means for as full rehabilitation as
possible.12
The Committee further recalls:
the importance of the State party affirmatively ensuring that victims and their
families are adequately informed of their right to pursue redress. In this regard, the
procedures for seeking reparation should be transparent. The State party should
moreover provide assistance and support to minimize the hardship to complainants
and their representatives.13
Lastly, the Committee recalls that:
States parties shall ensure that access to justice and to mechanisms for seeking and
obtaining redress are readily available and that positive measures ensure that redress
is equally accessible to all persons regardless of ... economic ... status ... or any other
status or adverse distinction.14
Therefore, in accordance with the above, the right to the truth entails the right to a prompt,
effective and impartial investigation.
7.10 With regard to the complainants’ allegations that they were unable to play an active
part in the investigation of their brother’s death, including his enforced disappearance and
the alleged acts of torture and inhuman and degrading treatment, because they were refused
legal standing as private criminal plaintiffs, the Committee recalls that, in accordance with
article 14 of the Convention, the concept of “victim” includes persons who have
individually or collectively suffered harm, including physical or mental injury, emotional
suffering, economic loss or substantial impairment of their fundamental rights, through acts
or omissions that constitute violations of the Convention. 15 This concept of victim also
encompasses the immediate family, such as Mr. Yrusta’s sisters, the authors of the present
complaint. The Committee notes that the State party has not advanced any arguments that
would lead to the conclusion that Mr. Yrusta’s sisters do not fall into that category.
Moreover, the Committee considers that the anguish and suffering experienced by the
complainants owing to the lack of information that would allow clarification of what
happened to their brother have been exacerbated by the de facto failure to acknowledge
their status as victims, which thus becomes a cause of revictimization that is incompatible
with the principles enshrined in the Convention. 16 The Committee considers that, in the
present case, the mere fact that it took more than five years for the complainants to be
allowed to act as plaintiffs in the investigative proceedings entails, in and of itself, a
violation of articles 12, 13 and 14 (1) of the Convention. After such a long period has
passed, the possibility of playing an active and effective part in the proceedings is lessened
9
10
11
12
13
14
15
16
12
General comment No. 3, para. 16.
Ibid., para. 17.
Ibid., para. 20.
Ibid., para. 25.
Ibid., para. 29.
Ibid., para. 32.
Ibid., para. 3.
Committee on Enforced Disappearances, Yrusta v. Argentina (CED/C/10/D/1/2013), para. 10.8.
GE.19-01524