CAT/C/SLV/CO/2 Committee notes with concern that the State party has not implemented the recommendations made by the Truth Commission in 1993 (arts. 2, 4, 5 and 14). The Committee urges the State party to repeal the General Amnesty (Consolidation of the Peace) Act. In that regard, it draws the State party’s attention to paragraph 5 of its general comment No. 2 on the implementation of article 2 by States parties (CAT/C/GC/2), in which the Committee considers that amnesties or other impediments which preclude or indicate unwillingness to provide prompt and fair prosecution and punishment of perpetrators of torture or ill-treatment violate the principle of non-derogability. The Committee likewise recommends that all necessary steps should be taken to guarantee that investigations of cases of torture and other cruel, inhuman or degrading treatment or punishment are carried out thoroughly, promptly and impartially, that the perpetrators are prosecuted and punished and that measures are adopted to provide redress and rehabilitation for the victims, in accordance with the provisions of the Convention. The Committee notes with satisfaction the willingness of the new Government to adopt a policy of full material and moral redress for the victims of human rights violations which have occurred in the present or the recent past. The Committee nevertheless urges the State party to take prompt steps to implement the recommendations of the Truth Commission, and in particular to prosecute and punish promptly and impartially those responsible for acts of torture, ill-treatment or enforced or involuntary disappearance, to remove from their posts all officials who have been identified as alleged perpetrators of human rights violations, to create a special fund to compensate victims, to construct a national monument bearing the names of all the victims, and to declare a national holiday in memory of the victims. 7. Pretrial detention 16. The Committee is concerned at the length of pretrial detention and the high number of persons thus detained because of a general increase in violence in the country, as the State party has acknowledged (art. 2). The State party should take prompt steps to restrict the use of pretrial detention as well as its duration, using alternative methods whenever possible and when the accused does not represent a danger to society. 8. Conditions of detention 17. The Committee notes with satisfaction the planned measures and actions to be taken by the administration of the prison system to curb violations of the human rights of the prison population. However, the Committee expresses its concern at the serious problem of overcrowding — according to information supplied by the State party, the prison population stands at 21,671 against a capacity of 9,000 — which has an adverse impact on other prison conditions. The Committee is particularly disturbed at the failure to separate accused persons from convicted prisoners, women from men and children from adults, as well as inadequate health care, hygiene, drinking water, education and visits. The Committee is also concerned by reports of the use of incommunicado detention for long periods of time. 18. The Committee regrets the high levels of violence among prisoners and the lack of surveillance in prisons, which has led to deaths among prisoners. The Committee is also concerned that these incidents have not been promptly and impartially investigated, and that those responsible have not been punished. In view of this, the Committee is disturbed by the fact that article 45 of the Prisons Act has been amended to specify that complaints must be lodged by prisoners within a time limit of 15 days following any incident. GE.09-46812 5

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