filed with the public prosecutor. The Committee considers that the insurmountable procedural
impediments faced by the complainant as a result of the inaction of the competent authorities
rendered the application of a remedy that may bring effective relief to the complainant highly
unlikely. In the absence of pertinent information from the State party, the Committee concludes
that in any event, domestic proceedings, if any, have been unreasonably prolonged. With
reference to article 22, paragraph 4, of the Convention and rule 107 of the Committee’s rules
of procedure, the Committee finds no other obstacle to the admissibility of the complaint.
Accordingly, it declares the complaint admissible and proceeds to its examination on the merits.
Consideration on the merits
7.1
The complainant alleges violations by the State party of article 2, paragraph 1, in
connection with article 1, and of article 16, paragraph 1, of the Convention. The Committee
notes the complainant’s description of the treatment to which he was subjected during his
detention, which can be characterized as severe pain or suffering intentionally inflicted by public
officials in the context of the investigation of a crime, as well as his sister’s statement and the
medical report. It also notes the State party’s failure to adequately address this claim and
respond to the complainant’s allegations. In the circumstances, the Committee concludes that
due weight must be given to the complainant’s allegations and that the facts, as submitted,
constitute torture within the meaning of article 1 of the Convention.
7.2
Concerning the alleged violation of articles 12 and 13 of the Convention, the Committee
notes that the Public Prosecutor did not request the judge to initiate a preliminary investigation
until 34 months after the criminal complaint was filed on 7 November 1996, and that no further
action was taken by the State party to investigate the complainant’s allegations. The State party
has not contested this claim. The Committee also notes that the failure to inform the
complainant of the results of any investigation effectively prevented him from pursuing a
“private prosecution” of his case before a judge. In these circumstances, the Committee
considers that the State party has failed to comply with its obligation, under article 12 of the
Convention, to carry out a prompt and impartial investigation wherever there is reasonable
ground to believe that an act of torture has been committed. In the same vein, it also disregarded
its obligation, under article 13, to ensure the complainant’s right to complain and to have his case
promptly and impartially examined by the competent authorities.
7.3
As for the alleged violation of article 14 of the Convention, the Committee notes the
complainant’s allegations that the absence of criminal proceedings deprived him of the
possibility of filing a civil suit for compensation. In view of the fact that the State party has not
contested this allegation, and given the passage of time since the complainant initiated legal
proceedings at the domestic level, the Committee concludes that the State party has also violated
its obligations under article 14 of the Convention in the present case.
8.
The Committee, acting under article 22, paragraph 7, of the Convention, is of the view
that the facts before it disclose a violation of articles 2, paragraph 1, in connection with
articles 1, 12, 13 and 14 of the Convention against Torture and Other Cruel, Inhuman or
Degrading Treatment or Punishment.
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