CAT/C/54/D/456/2011
the acquiescence of the prison authorities and the Bolivarian National Guard. Despite
this information and the fact that his disappearance was reported to the authorities
promptly, no thorough investigation has so far been conducted into the acts of torture
allegedly suffered by Mr. Guerrero Larez and no sufficient and effective steps have
been taken to establish his whereabouts and fate. The Committee further notes that the
statements made by the prison authorities before Court No. 2 indicated that Mr.
Guerrero Larez had “escaped” from the Penitentiary, without giving any explanation
of the basis for this claim.
6.4 The Committee observes that it has been established that, when the facts of this
complaint occurred, Mr. Guerrero Larez was serving a custodial sentence in the
Penitentiary. In this regard, the Committee recalls that States parties are under a
special obligation to take effective measures to prevent torture 7 and ensure that
persons deprived of their liberty can exercise the rights enshrined in the Convention,
since they bear a special responsibility owing to the extent of the control that prison
authorities exercise over such persons. States parties must therefore take the necessary
steps to prevent individuals from inflicting acts of torture on persons under their
control. 8 The Committee further recalls that enforced disappearance entails multiple
human rights violations and a failure by the State party concerned to comply with the
obligations contained in the Convention, and that this constitutes in itself, in relation
to the disappeared person, or may constitute, in relation to the person’s relatives, a
form of torture or inhuman treatment contrary to the Convention. 9
6.5 The Committee observes that, on 8 and 9 September 2009, the complainants
reported the disappearance of Mr. Guerrero Larez to the pr ison director and the
Bolivarian National Guard. On 1 and 13 October 2009, they requested the Attorney
General and the Fundamental Rights Department of the Public Prosecution Service,
respectively, to investigate his disappearance in the Penitentiary, his possible murder
at the hands of prison inmates and the possible participation and responsibility of the
prison authorities or Bolivarian National Guard officers. In that regard, they indicate
that, according to the testimony of other inmates, Mr. Guerrero Larez was a victim of
reprisals by a group of inmates because he knew about illegal activities that the group
was undertaking in complicity with certain authorities. As announced by the Public
Prosecution Service before Court No. 2, Prosecutor ’s Office No. 3 was in charge of
the investigation into the possible crime of enforced disappearance with respect to Mr.
Guerrero Larez.
6.6 Nevertheless, the Committee notes that, according to the information contained
in the file, as Mr. Guerrero Larez could not be found in the Penitentiary, the
authorities merely stated that he had escaped, without offering any relevant
information or evidence that might attest to his possible escape from prison and
without carrying out a thorough investigation into his alleged escap e or the specific
circumstances in which it had allegedly taken place. Despite the reports filed by the
complainants and the ruling issued by Court No. 2 on 4 December 2009, the fate of
Mr. Guerrero Larez still remains unknown. The authorities have not pro vided any
information regarding possible steps that may have been undertaken to establish his
__________________
7
8
9
GE.15-10585
See general comment No. 2 (2008) of the Committee on the implementation of article 2 by States
parties, para. 13.
Ibid., paras. 17 and 18.
The Committee has addressed the issue of enforced disappearance in various concluding
observations. See, for example, its concluding observations on the combined fifth and sixth periodic
reports of Mexico (CAT/C/MEX/CO/5-6, para. 12); the initial report of Rwanda
(CAT/C/RWA/CO/1, para. 14); the initial report of Turkmenistan (CAT/C/TKM/CO/1, para. 15); the
combined third and fourth periodic reports of Sri Lanka (CAT/C/LKA/CO/3-4, paras. 8 and 9); the
fourth periodic report of Colombia (CAT/C/COL/CO/4, paras. 11 and 17); and the initial report of
Chad (CAT/C/TCD/CO/1, paras. 14 and 17).
9/11