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operation of all special prosecutors’ offices so as to ensure their autonomy, the
allocation of adequate resources and the training of their personnel;
(g)
Ensure that justice officials receive the training necessary to enable them
to correctly determine which provision of the Criminal Code is applicable in cases of
torture and ill-treatment;
(h)
Compile and publish statistics on the number of investigations and
prosecutions carried out, convictions handed down and penalties imposed in cases of
torture or ill-treatment, at both the federal and the state levels.
Physical and psychological assessment of alleged torture victims
26.
While taking note of the publication, on 5 October 2015, of Agreement No.
A/085/15 establishing the institutional guidelines to be followed by staff of the Office of
the Attorney General (now Prosecutor General) of the Republic when investigating alleged
acts of torture, the Committee is concerned about reports that highlight serious deficiencies
in the medical and psychological opinions used for the physical and psychological
assessment of alleged victims. Information before the Committee attests to significant
delays in their issuance by the medical experts and psychologists attached to the Prosecutor
General’s Office and a lack of comprehensiveness in these opinions. These issues create
doubt as to the impartiality of those issuing the opinions. Reports indicating that it is still
usual practice for the courts to refuse to give evidentiary value to assessments conducted by
independent specialized medical experts, contrary to article 37 of the General Act on
Torture, are another source of concern. The Committee is also concerned about the fact that
investigations are automatically discontinued when the medical and psychological opinions
are “negative”, that is, when they do not confirm the allegations of torture (arts. 2, 12, 13
and 16).
27.
The Committee urges the State party to:
(a)
Consider establishing institutes of legal medicine and forensic science
that operate entirely independently, based on purely forensic criteria, to assume the
responsibilities that the Prosecutor General’s Office currently fulfils in respect of the
opinions used in the physical and psychological assessment of alleged torture victims
and the accreditation of all medical experts and psychologists who use them;
(b)
Ensure that all physical and psychological assessments of alleged victims
of torture are conducted in accordance with the principles, procedures and guidelines
contained in the Manual on Effective Investigation and Documentation of Torture and
Other Cruel, Inhuman or Degrading Treatment or Punishment (Istanbul Protocol),
and that penalties are imposed in the event of irregularities;
(c)
Continue to ensure that all relevant staff are specifically trained to
identify and document cases of torture and ill-treatment in accordance with the
Istanbul Protocol;
(d)
Ensure that the reports of accredited independent medical experts and
psychologists are accorded appropriate evidentiary value in practice, in accordance
with article 37 of the General Act on Torture.
Enforced disappearance
28.
The Committee notes the delegation’s announcement of the resumption of work to
establish the National Missing Persons System envisaged under the General Act on
Enforced Disappearance of Persons and to issue a harmonized protocol on searching for
missing persons. With regard to the implementation of the Harmonized Protocol for the
Investigation of Offences of Enforced Disappearance of Persons and Disappearance
Perpetrated by Individuals, the Committee is concerned that, according to the information
in its possession, the draft was not properly discussed with non-governmental organizations
prior to its adoption and that civil society deems the consultations to have been insufficient.
The Committee regrets that the State party has not replied to reports that allege a lack of
diligence in the investigation of cases of enforced disappearance and question the efficacy
of existing forensic identification mechanisms. The State party has also failed to provide
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