CAT/C/USA/CO/3-5
shootings or fatal pursuits by the police of unarmed black individuals. In that regard, the
Committee notes the alleged difficulties of holding police officers and their employers
accountable for abuses. While noting the information provided by the State party’s
delegation that over the past five years, 20 investigations had been opened into allegations
of systematic police department violations, and over 330 police officers had been criminally
prosecuted, the Committee regrets that there is a lack of statistical data on allegations of
police brutality, as well as a lack of information on the results of the investigations
undertaken in respect of those allegations. With regard to the acts of torture committed by
former Chicago Police Department Commander Jon Burge and others under his command,
between 1972 and 1991, the Committee notes the information provided by the State party
that a federal rights investigation did not gather sufficient evidence to prove beyond
reasonable doubt that prosecutable constitutional violations had occurred, However, the
Committee remains concerned that, despite the fact that Jon Burge was convicted for
perjury and obstruction of justice, no police officer has been convicted for the acts of
torture due to the statute of limitations. While noting that several victims were ultimately
exonerated of the underlying crimes, the vast majority of those tortured — most of them
African Americans —, have not received any compensation for the extensive injuries
suffered (arts. 11, 12, 13, 14 and 16).
The State party should:
(a)
Ensure that all instances of police brutality and excessive use of force by
law enforcement officers are investigated promptly, effectively and impartially by an
independent mechanism with no institutional or hierarchical connection between the
investigators and the alleged perpetrators;
(b)
Prosecute persons suspected of torture or ill-treatment and, if found
guilty, ensure that they are punished according to the gravity of their acts;
(c)
Provide effective remedies and rehabilitation to the victims;
(d)
Provide redress for Chicago Police Department torture survivors by
supporting the passage of the ordinance entitled Reparations for the Chicago Police
Torture Survivors.
Electrical discharge weapons (Tasers)
27.
The Committee is concerned about the numerous, consistent reports that the police
have used electrical discharge weapons against unarmed individuals who resist arrest or fail
to comply immediately with commands, suspects fleeing minor crime scenes, and even
minors. Moreover, the Committee is appalled at the number of reported deaths resulting
from the use of electrical discharge weapons, including the recent cases of Israel “Reefa”
Hernández Llach, in Miami Beach, Florida, and Dominique Franklin Jr., in Sauk Village,
Illinois. While taking note of the information provided by the State party on the relevant
guidelines and training available for law enforcement officers, the Committee observes the
that there is need to introduce more stringent regulations governing the use of such
weapons (arts. 11, 12, 13, 14 and 16).
The State party should ensure that electrical discharge weapons are used exclusively
in extreme and limited situations — where there is a real and immediate threat to life
or risk of serious injury — as a substitute for lethal weapons, and by trained law
enforcement personnel only.
The State party should revise the regulations governing the use of such weapons, with
a view to establishing a high threshold for their use, and expressly prohibit their use
on children and pregnant women. The Committee is of the view that the use of
electrical discharge weapons should be subject to the principles of necessity and
14