A/65/273 sending a non-deterrent message to potential perpetrators and by nurturing a lack of awareness among judges and lawyers. 50. While the Convention does not indicate a specific penalty for torture, it is generally accepted that the punishment should be similar to the penalties established for the most serious offences in each national legal framework. This would ensure that sentences are commensurate with the gravity of the offence and that no statutes of limitations apply. 51. However, during his fact-finding missions, the Special Rapporteur found that torture is often treated as a misdemeanour, such as in Mongolia, and penalties are too lenient, sometimes ranging from a few months to two years’ imprisonment. In the Republic of Moldova and Equatorial Guinea, the sanctions could be for up to five and six years’ imprisonment, respectively. The sentences in other countries, such as Jordan, were simply administrative sanctions ranging from six months to three years. In Togo, where a proper crime of torture is lacking, the provision of the Criminal Code relating to “wilful violence” is sometimes applied, but subject to statutes of limitations. 52. In Georgia, the Special Rapporteur received allegations that victims were encouraged by the prosecution to agree to plea-bargaining agreements without acknowledging their ill-treatment by the police. 3. Impartial investigations 53. Throughout his fact-finding missions, the Special Rapporteur found that another factor contributing to impunity is the lack of investigation and prosecution following acts of torture and ill-treatment. Although prompt and impartial investigations should be carried out without delay whenever there is a suspicion of torture or an explicit allegation, this is too often not the case. 54. Despite the fact that, in many cases, detainees have visible signs of illtreatment, the authorities generally fail to initiate investigations. Medical examinations are often not conducted, nor are detainees provided with medical treatment. In Paraguay, the Special Rapporteur was concerned to see that officials completely disregarded their duty to initiate ex officio investigations. In Georgia, judges or procurators have an obligation to make inquiries or investigate allegations ex officio; however, no action is taken in the vast majority of cases. The same applies in the Republic of Moldova, where the legal provision calling for ex officio investigations is not applied in practice. 55. Ex officio investigations, as required by article 12 of the Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment, are one of the strongest tools for preventing torture and combating impunity. As victims are often unaware of existing complaints mechanisms, they lack confidence that their complaints will be effectively addressed or they are afraid to file them. This problem is worse in countries where the obligation to initiate ex officio investigations is not enshrined in the law, as was observed by the Special Rapporteur in some of his missions, including those to Jamaica and Sri Lanka. Whenever there are reasonable grounds, including credible evidence, that an act of torture has been committed, States should conduct an investigation, irrespective of whether a complaint has been filed. In Jordan, the Special Rapporteur found that even though the Court of Cassation had overturned a number of convictions on the grounds that security 12 10-48049

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