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
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