Notes
Sub.2/1985/18 and Add.1-6), para.79. See
also Inglese, Torture, supra, p. 336 and J.
Burgers and H. Danelius, The United Nations Convention Against Torture: A Handbook on the Convention Against Torture and
Other Cruel, Inhuman or Degrading Treatment or Punishment, Martinus Nijhoff,
1988, p. 145.
83. AI, Combating torture, supra, p. 175.
84. See General Comment 20, supra, para 14.
85. See Assenov & Others v. Bulgaria, supra.
86. It would appear that impartiality would
follow standard principles of natural justice of nemo iudex in sua causa (no one may
be a judge in his own cause).
87. In the Encarnacion case, the Committee
against Torture concluded that the particular investigation was partial because
the court failed to take steps to identify
the alleged perpetrators, and its refusal to
allow the complainant to adduce further
evidence to the forensic doctor’s report. In
Khaled Ben M’Barek v. Tunisia the magistrate who led the inquiry was found to be
partial because of his failure to give equal
weight to evidence from both sides. Khaled
Ben M’Barek v. Tunisia, Communication
60/1996, UN Doc. CAT/C/23/D/60/1996.
88. Concluding Observation of CAT, Latvia,
UN Doc. CAT/C/CR/31/3, 5, February 2004,
para. 6(b). Concluding Observation of
CAT, Lithuania, UN Doc. CAT/C/CR/31/2,
5, February 2004, para. 5(a) and (a); Concluding Observation of CAT, Cambodia,
UN Doc. CAT/C/CR/31/7, February 2004;
Concluding Observation of CAT, Moldova,
UN Doc. CAT/C/CR/30/7, May 2003, para.
6 (e); Concluding Observation of CAT, Cyprus, UN Doc. CAT/C/CR/29/1, December
2002, para 4 (1); Concluding Observation
of CAT, The Netherlands and Antilles, UN
Doc. A/55/44, paras. 181-188, May 2000,
par.180 (f ). See also, Ingelse, The UN Committee against Torture: An Assessment, The
Hague/London/Boston: Kluwer Law International, 2001, p. 398 and Burgers and H.
Danelius, The United Nations Convention
Against Torture: A Handbook on the Convention Against Torture and Other Cruel,
Inhuman or Degrading Treatment or Punishment, Martinus Nijhoff, 1988, pp. 144-45.
89. See, for examples, Concluding Observations of HRC, Lithuania, UN. Doc. CCPR/
63
CO/80/LTU, 15 April 2004; Concluding Observations of HRC, Latvia, UN. Doc. CCPR/
CO/79/LVA, 6 November 2003; Concluding
Observations of HRC, Viet Nam, UN. Doc.
CCPR/CO/75/VNM, 26 July 2002; Concluding Observations of HRC, Yemen, UN. Doc.
CCPR/CO/75/YEM, 26 July 2002; Concluding Observations of HRC, Azerbaijan, UN.
Doc. CCPR/CO/73/AZE, 12 November 2001;
Concluding Observations of HRC, Switzerland, UN. Doc. CCPR/CO/73/CH, 12 November 2001; Concluding Observations of HRC,
Czech Republic, UN. Doc. CCPR/CO/72/
CZE, 27 August 2001; Concluding Observations of HRC, Venezuela, UN. Doc. CCPR/
CO/71/VEN, 26 April 2001.
90. Aktas v. Turkey, supra, para. 301; Ilhan v.
Turkey, supra, para. 101; Güleç v. Turkey
(1999) 28 E.H.R.R. 121 ECHR, paras. 80-82;
Toteva v. Bulgaria, supra.
91. Finucane v. United Kingdom (2003) 22
E.H.R.R. 29 at para. 68. See also Edwards v.
United Kingdom, supra, at para. 70.
92. See “Report on the Situation of Human
Rights in Mexico 1998”, Inter-American
Commission of Human Rights, September
24, 1998, OEA/Ser.L/V/II.100, para 323.
93. Marritza Urrutia v. Guatemala, supra, para.
119.
94. Report to the government of Cyprus on the
visit to Cyprus carried out by the CPT Committee, May 2000, supra, para. 13.
95. Report to the Spanish Government on the
visit to Spain carried out by the European
Committee for the Prevention of Torture and
Inhuman or Degrading Treatment or Punishment (CPT), from 22-26 July 2001, CPT/Inf
(2003) 22, para. 30.
96. Preliminary observations made by the
delegation of the European Committee for
the Prevention of Torture and Inhuman or
Degrading Treatment or Punishment (CPT)
which visited Sweden, from 27 January to 5
February 2003, CPT/Inf (2003) 27, p.5.
97. Radivoje v. Yugoslavia, Communication
113/1998, para 9.6.
98. Encarnacion Blanco Abad v. Spain, supra,
para 8.8.and Hajrizi Dzemajl v. Yugoslavia,
Communication 161/2000, para 9.4 :Criminal investigation must seek both to determine the nature and circumstances of the
alleged act and to establish the identity of
the persons involved.
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