CAT/C/DJI/CO/1
(b)
The case of two Ethiopian nationals, Captain Behailu Gebre and Abiyot
Mangudai, who, on 11 July 2005, were sent back to Ethiopia, where they were kept in
detention and tortured. The Committee notes with concern that, according to information
received, these persons did not have access to the remedy allowing them to lodge an appeal
against their expulsion. It also expresses concern about the fact that the State party did not
conduct any thorough and effective investigation into this case. Furthermore, it notes with
concern that Djibouti did not respond to the urgent appeals on this matter sent by the
Special Rapporteur on torture and other cruel, inhuman or degrading treatment or
punishment. The Committee would thus welcome information from the State party on this
subject (arts. 12, 13 and 14);
(c)
The case of Yemeni national Mohammed al-Asad. According to information
before the Committee, the latter was allegedly detained incommunicado in Djibouti for two
weeks before being transferred to Afghanistan. In detention he was allegedly tortured,
placed in extreme isolation without human contact, subjected to constant extremely loud
music, and exposed to artificial light for 24 hours a day, to cold and to dietary
manipulation. The Committee notes that this case is currently being examined by the
African human rights system, specifically the African Commission on Human and Peoples’
Rights.
The State party should immediately conduct independent, impartial and thorough
investigations into the above-mentioned incidents with a view to bringing the possible
perpetrators of violations of the Convention to justice. The Committee recommends
that such investigations be undertaken by independent experts responsible for
examining all information thoroughly, reaching conclusions as to the facts and the
measures taken, and providing adequate compensation to the victims and their
families, including the means for them to achieve as full rehabilitation as possible. The
State party is requested to provide the Committee with detailed information on the
outcome of all those investigations in its next periodic report.
The State party should adopt a legislative framework regulating expulsion,
refoulement and extradition in order to fulfil its obligation under article 3 of the
Convention. The expulsion, refoulement and extradition of individuals, including
undocumented individuals, should be decided by a court after careful assessment of
the risk of torture in each case and should be subject to appeal with suspensive effect.
The terms of judicial cooperation agreements signed with neighbouring countries
should be revised so as to ensure that the transfer of detainees to another signatory
State is carried out under a judicial procedure and in strict compliance with article 3
of the Convention.
Complaints mechanism
15.
Notwithstanding the information provided in the State party’s report on the
possibility for prisoners and detainees to submit complaints to the Prosecutor-General, the
public prosecutor, the investigating judge or the president of the indictment division, as
appropriate, or to the Prison Administration Directorate of the Ministry of Justice, the
Committee regrets the lack of a dedicated, independent and effective complaints
mechanism competent to receive complaints, conduct prompt and impartial investigations
into allegations of torture, in particular of prisoners and detainees, and ensure that those
found guilty are punished. The Committee also notes the absence of information, including
statistics, on the number of complaints of torture and ill-treatment, on investigations carried
out, and on prosecutions initiated and sanctions imposed against perpetrators of torture and
ill-treatment, at both the penal and disciplinary levels (arts. 2, 12, 13 and 16).
The State party should take effective measures to establish an independent and
effective complaints mechanism specifically devoted to allegations of torture and illGE.11-47990
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