CAT/C/65/D/778/2016 against Mr. Yrusta must be given serious consideration. 8 The Committee therefore considers that the State party has violated article 2 of the Convention by failing to take effective steps to prevent the commission of possible acts of torture against Mr. Yrusta. The Committee also notes the complainants’ argument that article 11 was violated because of the failure of the State party to conduct the necessary oversight of Mr. Yrusta’s treatment at the time of his transfers between prisons and during his detention, and the lack of judicial oversight and of properly kept registers during his time in prison. In the absence of compelling information from the State party that provision was made for oversight of the conditions of detention of Mr. Yrusta, the Committee concludes that there has been a violation of article 11 of the Convention by the State party. 7.4 The Committee must decide, in accordance with article 12 of the Convention, whether there is reasonable ground to believe that an act of torture was committed against the complainants’ brother prior to his death and, if so, whether the State party’s authorities complied with their obligation to proceed to a prompt and impartial investigation. 7.5 The Committee notes that, according to the case file Yrusta, Roberto Agustín re/his death, provided by the State party, the Forensic Medicine Service report on the autopsy carried out on Mr. Yrusta documented the existence of multiple, large, open wounds on the abdomen and the anterior and posterior sides of his left forearm, which appeared to have been “self-inflicted”. However, the report contains no description of the objects found in Mr. Yrusta’s anus and stomach or of the item found next to the body that had supposedly been used for the alleged suicide. The Committee further notes that the report takes no account of the various allegations of torture that were made prior to Mr. Yrusta’s death. 7.6 The Committee also notes that the prison registers and official documents issued by the Coronda Prison Facility do not identify Mr. Yrusta correctly: in the registers, he is identified under three different names, which makes it difficult to ascertain with any certainty what actions the prison authorities took concerning him. In the police report which launched the proceedings and in various communications made by the director of the Coronda Model Correctional Institute (U1) that are in the case file provided by the State party, Mr. Yrusta continues to be identified under three different names. The Committee notes that the State party has not provided any explanations regarding these points to the complainants or the Committee. 7.7 The Committee also notes that pages 92 and 93 of the case file provided by the State party show that the prison authorities were unaware of Mr. Yrusta’s criminal record, since there is no information that would have enabled prison staff to address the prisoner’s needs in an appropriate manner. The Committee further notes that the prison authorities, as evidenced by their statements in the case file, were unclear as to the identity of the judicial authority that had ordered Mr. Yrusta’s transfer from Córdoba to Santa Fe or the reasons for it. In addition, the Committee notes that Mr. Yrusta’s cell changes prior to his death were not recorded in the Coronda Prison Facility duty logbook. 7.8 The Committee also takes note of the statements in the case file according to which Mr. Yrusta was stripped naked by the authorities at Coronda prison and that rubber bullets were fired at him as a disciplinary measure when he was being removed from his cell and when he was taken for medical treatment in the days leading up to his death. Furthermore, according to statements by other prisoners, Mr. Yrusta, performed prison duties, taking food and water to the rest of the inmates, which contradicts the statements made by prison staff at Coronda Correctional Unit No. 1. 7.9 With regard to the complainants’ allegations concerning their right to redress, which is guaranteed under article 14 of the Convention, the Committee recalls its general comment No. 3 (2012) on implementation of article 14 by States parties. In this context, the Committee further recalls that, when investigating allegations of torture, the State party is required to verify the facts and to disclose the truth publicly and fully, to the extent that 8 GE.19-01524 Committee on Enforced Disappearances, Yrusta v. Argentina (CED/C/10/D/1/2013), para. 10.4. 11

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