CAT/C/CPV/CO/1
investigations. The Committee also recalls the concern of the Human Rights Committee
about the clashes between Cabo Verdean law enforcement officials and West African
immigrants between 2002 and 2005, as well as the allegations of police brutality against
juveniles as a form of extrajudicial punishment (see CCPR/C/CPV/CO/1, paras. 11 and 18).
The Committee notes with concern that the National Commission for Human Rights and
Citizenship receives approximately 10 complaints per year of excessive use of force by the
police and that, according to other sources, the National Police Council received 50 reports
of police abuse in the first 10 months of 2015. Given this data, the Committee regrets the
lack of information, owing to the absence of a State party report, about whether any
criminal or disciplinary sanctions were imposed for those abuses. The Committee also notes
with concern that the delays in criminal proceedings have reportedly contributed to the
perception of impunity among the population, who often withdraw their complaints or
decide not to bring their cases to justice (arts. 12 and 13).
21.
The State party should:
(a)
Take appropriate measures to further strengthen the supervision and
monitoring mechanisms of the police force, particularly with regard to the treatment
of persons under custody;
(b)
Ensure that all complaints of police brutality or excessive use of force are
promptly investigated in an impartial manner by an independent body, that there is
no institutional or hierarchical relationship between that body’s investigators and
suspected perpetrators of such acts and that the suspected perpetrators are duly tried
and, if found guilty, are punished in a manner that is commensurate with the gravity
of their acts;
(c)
Ensure that the authorities launch investigations on their own initiative
whenever there are reasonable grounds to believe that an act of police brutality or
excessive use of force has been committed;
(d)
Inform the Committee about the number of complaints received related
to police brutality and excessive use of force by the police, disaggregated by ethnic
group, age and sex of the victim, and about the criminal and disciplinary
investigations resulting from those complaints, including those initiated ex officio, as
well as the prosecutions, convictions and criminal and disciplinary penalties imposed;
(e)
Inform the Committee about the scope of the mandate of the National
Police Council and the National Police Disciplinary Board, as well as how the
independence of those bodies is guaranteed and how those bodies relate to the Public
Prosecutor’s Office when they are conducting criminal and disciplinary investigations;
(f)
Ensure that alleged perpetrators of police brutality or excessive use of
force are immediately suspended from duty for the duration of the investigation,
particularly when there is a risk that they might otherwise be in a position to repeat
the alleged act, to commit reprisals against the alleged victim or to obstruct the
investigation, while also ensuring that the principle of presumption of innocence is
observed.
Accountability with regard to acts of torture
22.
The Committee is concerned about the case of Carlos Graça, former director of São
Martinho prison, who was charged with torture together with four prison guards as a result
of the actions they took following the riot that took place in 2005 at the prison of which he
was director, and who fled to the United States of America while he was on bail. Although
Mr. Graça was extradited to Cabo Verde in 2010, the Committee regrets the lack of
information, owing to the absence of a State party report, about whether this person and the
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