A/HRC/4/33/Add.3
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55.
Typically, for a victim to bring charges of torture against a security officer, his or her
lawyer must file a claim with the public prosecutor who then transfers the file to the Public
Security Director’s special prosecutor, a security officer with legal training, appointed by the
Public Security Director. The Director also appoints the panel of officers that comprises the
special police court, which decides on cases of abuses by officers. Moreover, the Director is
empowered to annul the decisions of the special police court. In such a system, the presumption
weighs heavily against transparency, independence and impartiality.
56.
Evidence in support of impartial scrutiny by these institutions would include the
existence of functioning complaints mechanisms for reporting allegations of torture, a record of
investigations into the allegations, and examples of successful prosecutions of security officers.
From the heads of all the detention facilities - criminal investigation, pretrial, prison, and
intelligence - he visited, the Special Rapporteur heard a chorus of denials of any knowledge of
torture allegations received from criminal suspects or detainees. These denials were surprising,
despite the officials being confronted with clear and credible allegations of torture by security
officials, which were substantiated by forensic medical evidence.
57.
The Special Rapporteur reports that no ex officio investigations are undertaken even in
the face of serious injuries sustained by a criminal suspect; not one official could demonstrate to
the Special Rapporteur serious steps taken to investigate allegations, including at the very least
the prompt and timely medical documentation of injuries sustained by detainees.16 Given that
throughout the world, the use of torture to extract confessions almost invariably takes place
within the initial period following arrest and prior to being transferred to pretrial detention, a
striking illustration of the indifference to the situation of criminal suspects was the response by
the director of the Juweidah Correction and Rehabilitation Centre (the country’s principal
pretrial detention facility) that investigating such allegations was not his responsibility.
58.
While categorical in maintaining that torture does not exist, security officials routinely
cited to the Special Rapporteur examples of disciplinary sanctions as evidence against impunity
for those isolated acts of ill-treatment not amounting to torture. Examples of sanctions included
loss of salary imposed on officers, or dismissals from service. The Special Rapporteur
emphasizes that administrative sanctions on their own are insufficient to prevent and deter acts
of cruel, inhuman or degrading treatment or punishment.
59.
No official has ever been prosecuted for torture under article 208 of the Penal Code.17 A
stark example of impunity for torture under article 208 of the Penal Code is illustrated by the
16
Recourse to forensic medical expertise at the State-run National Institute of Forensic
Medicine is made only upon the request of the prosecutor; victims of torture cannot privately
approach the institute for an independent examination. Moreover, the process of securing an
examination is fraught with significant delays, which has obvious implications for documenting
injuries.
17
The Government cited data from the Public Security Department that complaints against the
police which the Police Prosecution Department or police courts dealt with were investigated in
a completely impartial and objective manner. For offences of wounding and ill-treatment
committed by general security officers in 2005-2006, there were 14 convictions, and
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