CAT/C/USA/CO/3-5 United States Department of Justice successfully prosecuted two instances of extrajudicial killings of detainees by Department of Defense and CIA contractors in Afghanistan. It also notes the additional information provided by the State party’s delegation regarding the criminal investigation undertaken by Assistant United States Attorney John Durham into allegations of detainee mistreatment while in United States custody at overseas locations. The Committee regrets, however, that the delegation was not in a position to describe the investigative methods employed by Mr. Durham or the identities of any witnesses his team may have interviewed. Thus, the Committee remains concerned about information before it that some former CIA detainees, who had been held in United States custody abroad, were never interviewed during the investigations, which casts doubts as to whether that highprofile inquiry was properly conducted. The Committee also notes that the Justice Department had announced on 30 June 2011 the opening of a full investigation into the deaths of two individuals while in United States custody at overseas locations. However, Mr. Durham’s review concluded that the admissible evidence would not be sufficient to obtain and sustain convictions beyond a reasonable doubt. The Committee shares the concerns expressed at the time by the Special Rapporteur on torture and other cruel, inhuman or degrading treatment or punishment over the decision not to prosecute and punish the alleged perpetrators.1 It further expresses concern about the absence of criminal prosecutions for the alleged destruction of torture evidence by CIA personnel, including the destruction of the 92 videotapes of interrogations of Abu Zubaydah and Abd al-Rahim alNashiri that triggered Mr. Durham’s initial mandate. The Committee notes that, in November 2011, the Justice Department had decided, based on Mr. Durham’s review, not to initiate prosecutions of those cases (arts. 2, 12, 13 and 16). The Committee urges the State party to: (a) Carry out prompt, impartial and effective investigations wherever there is reasonable ground to believe that an act of torture and ill-treatment has been committed in any territory under its jurisdiction, especially in those cases resulting in death in custody; (b) Ensure that alleged perpetrators of and accomplices to torture, including persons in positions of command and those who provided legal cover, are duly prosecuted and, if found guilty, given penalties commensurate with the grave nature of their acts. In that connection, the Committee draws the State party’s attention to paragraphs 9 and 26 of its general comment No. 2 (2007); (c) Provide effective remedies and redress to victims, including fair and adequate compensation, and as full rehabilitation as possible, in accordance with the Committee’s general comment No. 3 (2012) on the implementation of article 14 of the Convention by State parties; (d) Undertake a full review into the way in which the responsibilities of the CIA were discharged in relation to the allegations of torture and ill-treatment against suspects during United States custody abroad. In the event that investigations are reopened, the State party should ensure that any such inquiries are designed to address the alleged shortcomings in the thoroughness of the previous reviews and investigations. 1 Juan Méndez, UN Special Rapporteur on Torture, “Enforcing the Absolute Prohibition Against Torture”, transcript of discussion chaired by Sir Emyr Jones Parry, Chair of Board of Trustees, Redress (Chatham House, London, 10 September 2012), pp. 5-6. 5