existence of public pressure to act in certain cases, the submission of criminal complaints by
private individuals or NGOs representing them, or the initiation of private prosecutions. The
Committee wishes to recall in this regard that the State party has an obligation to spare no effort
to investigate all cases of torture, provide compensation for the loss or injury caused and
prosecute the persons responsible. Furthermore, under Security Council resolution 827 (1993)
and the Statute of the International Criminal Tribunal for the Former Yugoslavia (ICTY), the
State party also has an obligation to cooperate fully with the Tribunal in the investigation and
prosecution of persons accused of committing serious violations of international humanitarian
law, including torture.
213. In the light of these conclusions, the Committee considered it appropriate to make the
following recommendations:
(a)
Complaints relating to allegations of torture by public officials under the previous
regime should be fully and impartially investigated, the offenders prosecuted and the victims
compensated. The results of such investigations should be made public;
(b)
Full cooperation should be extended to ICTY, including through apprehending
and transferring those persons who have been indicted and remain at large, as well as granting
the Tribunal full access to requested documents and potential witnesses;
(c)
The Commission for Truth and Reconciliation should be empowered to
investigate all allegations of torture committed under the previous regime, make its findings
public and recommend remedial action, including the prosecution of individuals, where
appropriate. The Commission should be given, as necessary, the authority and the means to
fulfil its mandate as soon as possible;
(d)
The law should ensure that safeguards are in place to prevent torture of all
detainees in police custody, whether charged with serious crimes or other offences, and to enable
them to notify their families and to have access to a doctor and legal counsel of their choice;
(e)
procuracy;
The State party should fully ensure the independence of the judiciary and the
(f)
The State party should take such measures as are necessary to ensure that ethnic
and religious minorities are not mistreated by law enforcement personnel because of
discrimination;
(g)
A system of inspection of the conditions of imprisonment by independent experts
should be established. Visits to prisons by NGOs should continue to be allowed;
(h)
The crime of torture, as defined in the Convention, should be incorporated into
the domestic law. The State party is reminded that torture is considered an international crime
under customary international law, as well as under the Convention. No statute of limitations
should apply to torture or any other international crime. In parallel with this the right to fair and
adequate compensation and rehabilitation should be introduced, as laid out in the Convention;
82
Select target paragraph3
Connect to a paragraph
Connect to an entity
Disable highlights
Add to table of contents