CAT/C/48/D/453/2011
been made as a result of torture shall not be invoked as evidence in any proceedings. In the
view of the Committee, the rulings by the National High Court and Supreme Court show
that the complainant’s self-incriminating statement was lent substantial weight in
proceedings against him. Nevertheless, the Committee considers that the complainant has
not provided information, such as additional medical certificates issued on the basis of
examinations requested by him or statements by witnesses, that would allow it to conclude
that his self-incriminating statement was in all probability a result of torture.10 The
Committee therefore concludes that the information before it does not reveal a violation of
article 15 of the Convention.
7.5
The complainant claims to be a victim of a violation of article 14, in that the State
party should have acted to ensure that he received redress for the harm suffered as a victim
of torture. With regard to this claim, the Committee also considers that the information
provided by the complainant, as stated in the previous paragraph, is not sufficient to allow it
to conclude that his self-incriminating statement was in all probability a result of torture.
The Committee therefore concludes that the information before it does not reveal the
existence of a violation of article 14 of the Convention.
8.
The Committee against Torture, acting under article 22, paragraph 7, of the
Convention, is of the view that the facts before it reveal a violation of article 12 of the
Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or
Punishment.
9.
Pursuant to article 12 of the Convention, the Committee considers that the State
party is under an obligation to provide the complainant with an effective remedy, including
a full and thorough investigation of his claims. The State party is also under an obligation to
prevent similar violations in the future.
10.
Pursuant to article 118, paragraph 5, of its rules of procedure, the Committee
requests the State party to inform it, within 90 days of notification of this decision, of the
action taken in response.
[Adopted in English, French, Spanish and Russian, the Spanish text being the original
version. Subsequently to be issued also in Arabic and Chinese as part of the Committee’s
annual report to the General Assembly.]
10
GE.12-43762
Communication No. 219/2002, G.K. v. Switzerland, decision of 7 May 2003, para. 6.11.
13