CAT/C/54/D/456/2011
article 14 of the Convention. 13 In view of the failure to carry out a prompt and
impartial investigation into the allegations made by the complainants and of the points
outlined in the preceding paragraphs, the Committee finds that the State party is also
in breach of its obligations under article 14 of the Convention.
6.10 The Committee notes that the enforced disappearance of Mr. Guerrero Larez
caused anguish and distress for the complainants and that the authorities were
indifferent to their efforts to ascertain his whereabouts and fate. The authors have
never received an adequate account of the circumstances of his alleged death or
escape, nor have his bodily remains been released to them. In the absence of a
satisfactory explanation from the State party, the Committee considers that the facts
reveal a violation of article 16 of the Convention in relation to the complainants.
7.
The Committee, acting pursuant to article 22, paragraph 7, of the Convention, is
of the view that the facts before it disclose violations under articles 2 (para. 1), 11, 12
and 14, read separately and in conjunction with article 1, wi th regard to Mr. Guerrero
Larez, and under article 16 with regard to the complainants.
8.
Pursuant to rule 118, paragraph 5, of its rules of procedure, the Committee urges
the State party to: (a) conduct a thorough and effective investigation into the
circumstances surrounding Mr. Guerrero Larez’s disappearance in the Penitentiary; (b)
prosecute, try and punish those responsible for the violations committed; and (c) grant
compensation and the means for rehabilitation in accordance with the Convention to
Mr. Guerrero Larez, if he is still alive, and compensation to the complainants. The
Committee urges the State party to inform it, within 90 days from the date of the
transmittal of this decision, of the steps it has taken in conformity with the above
views.
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13
GE.15-10585
See general comment No. 3 (2012) of the Committee on the implementation of article 14 by States
parties.
11/11