CAT/C/ARM/CO/4 an equivalent or even superior position in another service, with a view to avoiding prosecution, as well as at the existing institutional and operational shortcomings that reportedly preclude the effective investigation into and prosecution of complaints of torture and ill-treatment, including: (a) The allegedly very high burden of proof required to pursue an investigation; (b) The delays in conducting relevant medical examinations, leading to the disappearance of important evidence; allegedly, such delays are often deliberate and are intended to ensure that a criminal investigation cannot be initiated; (c) The involvement of the Special Investigation Service in investigating allegations of ill-treatment only once a criminal case is formally initiated, and not automatically upon the reporting of such allegations; (d) The delegation of collection of evidence by the Special Investigation Service to police officers; (e) The corruption in the judiciary (arts. 2, 11, 12, 13 and 16). 18. The State party should take effective measures to eradicate torture and illtreatment and to effectively investigate, prosecute and punish such acts, inter alia, by: (a) Ensuring prompt medical examination of alleged victims of torture or illtreatment, with a view to recording their injuries accurately and securing important evidence for any subsequent investigation; (b) Ensuring that the standards of proof applied are appropriate and reasonable when determining whether a criminal investigation into an alleged act of torture or ill-treatment should be pursued; (c) Reinforcing the measures aimed at preventing and combating corruption in the judiciary that may hinder the effective investigation, prosecution and punishment for acts of torture and ill-treatment; (d) Strengthening the investigative capacity and the independence of the Special Investigation Service, with a view to ensuring that all complaints of torture and ill-treatment, including any such allegations made by persons deprived of their liberty, are immediately referred to it, and that all allegations of torture or illtreatment are promptly, impartially, thoroughly and effectively investigated, that suspected perpetrators are duly tried and, if found guilty, are punished in a manner that is commensurate with the gravity of their acts; and that the Special Investigation Service publicly reports not only on the investigations initiated but also on the outcomes of prosecutions; (e) Ensuring, without prejudice to the presumption of innocence, that all persons under investigation for having perpetrated torture or ill-treatment are immediately suspended from their duties for the duration of the investigation. Excessive use of force during demonstrations 19. With reference to its previous concluding observations (see CAT/C/ARM/CO/3, para. 20), the Committee remains concerned that, despite the initiation of criminal cases for causing death by negligence and for the unlawful intentional deprivation of life, no progress appears to have been made in investigating the 10 deaths that occurred as a result of excessive and indiscriminate use of force by police forces in connection with the protests held in March 2008, nor in investigating allegations of arbitrary detention, denial of access to a lawyer of choice and ill-treatment in custody committed in the immediate aftermath of the violence (arts. 12, 13 and 16). 6

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