CAT/C/65/D/778/2016
to such an extent that the impairment of the right in question becomes irreversible, in
violation of the victims’ right to know the truth and to obtain redress.
7.11 The Committee takes note of the provisions of article 93 of the Code of Criminal
Procedure of the Province of Santa Fe, under which only persons alleging to be the victims
of a publicly prosecutable offence or their compulsory heirs may participate in the
proceedings as plaintiffs. The Committee also takes note of the State party’s arguments that,
in order to request investigative measures, there is no requirement for the complainants to
be plaintiffs, since as victims they may participate in the investigation, in accordance with
article 80 of the Code. However, in the information provided to the Committee, the State
party does not explain how the complainants, as victims, have played a meaningful part in
the investigations carried out by the provincial courts. In the absence of a satisfactory
explanation from the State party, the Committee considers that the facts before it disclose a
violation of articles 12, 13 and 14 (1) of the Convention.
7.12 The Committee notes from the information provided to the Committee that the
complainants’ right to redress has not been guaranteed by the State party, in view of the
amount of time that has passed and the difficulties encountered by the complainants in
participating meaningfully as victims or complainants in the investigation into the
allegations of torture.
8.
The Committee, acting under article 22 (7) of the Convention, concludes that the
facts before it disclose a violation of article 2 (1), read in conjunction with article 1, and of
articles 11, 12, 13 and 14 of the Convention.
9.
The Committee urges the State party to:
(a)
Conduct a prompt, impartial and independent investigation into all
allegations of torture made by Mr. Yrusta and by the authors of the present complaint,
including, where appropriate, the filing of specific torture charges against perpetrators, and
the application of the corresponding penalties under domestic law;
(b)
Grant the complainants the status of victims, together with all associated
rights, and allow them to act as private criminal plaintiffs in the investigative proceedings
into the allegations of torture and the causes of Mr. Yrusta’s death;
(c)
Provide the complainants
compensation and access to the truth;
with appropriate redress,
including
fair
(d)
Take the necessary steps to provide guarantees of non-repetition in
connection with the facts in the present complaint. To this end, the Committee urges the
State party to amend its criminal procedural legislation and to report, within 180 days, on
the steps or initiatives taken to allow persons having the status of victims to participate in
criminal investigative proceedings into allegations of torture or other cruel, inhuman or
degrading treatment, whether as private criminal plaintiffs or in any other special capacity;
similarly, the Committee invites the State party to consider, in cases involving allegations
of acts constituting torture or other cruel, inhuman or degrading punishment resulting in
death, the possibility of conducting forensic medical examinations that meet standards of
impartiality and independence and that take account of such allegations in reports;
(e)
Make public the present decision and disseminate its content widely, in
particular, though not solely, among members of the security forces and prison personnel
who are in charge of persons deprived of their liberty.
In accordance with rule 118 (5) of its rules of procedure, the Committee requests the State
party to inform it, within 90 days of the date of transmission of this decision, of the steps it
has taken in response to the above findings.
GE.19-01524
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