CAT/C/55/D/494/2012 5.2 Regarding the exhaustion of domestic remedies, the Committee recalls with concern that, despite the three reminders sent to it, the State party has not provided any observations on the admissibility or merits of the communication. The Committee therefore finds that it is not precluded from considering the communication under article 22 (5) (b) of the Convention. Consideration of the merits 6.1 The Committee has considered the complaint in the light of all the information made available to it by the parties, in accordance with article 22 (4) of the Convention. As the State party has not provided any observations on the merits, due weight must be given to the complainant’s allegations. 6.2 The Committee notes the complainant’s allegation that he was arrested and detained incommunicado by the Department of Intelligence and Security for eight days, from 9 to 17 January 2011; that, during his interrogation, he was subjected to acts of torture inflicted on him by several officers who acted overtly; that the treatment suffered included the use of a cloth soaked with water, soap and other cleaning agents, blows to the face and beating of the buttocks with sticks; that the complainant was also compelled to crawl on a wet floor, causing injury to his knees and that, for several days, he was kept handcuffed, lying on his back, naked and suffering from the cold. The Committee notes the allegation that the complainant was forced to eat human excrement and that, on the fifth day of detention, during an interrogation, the complainant was thrown down the stairs, causing injury to his right ankle. The Committee notes that, according to the complainant, such treatment resulted in the security forces’ obtaining a confession and extorting a substantial amount of money for the purchase of a vehicle. The Committee further notes that the complainant has provided a number of documents, including an acknowledgement of receipt of his complaint to the Public Prosecutor, dated 12 April 2011, a repeated complaint, dated 28 January 2012, and a medical certificate and photographs documenting bodily injuries and maiming. It further notes that the State party has not refuted any of these allegations. The Committee thus concludes that all the constituent elements of torture are established and that the treatment meted out constitutes a violation of article 1 of the Convention. 6.3 The Committee also considers that the complainant’s secret detention and the humiliation and inhumane conditions of detention that accompanied the acts of torture inflicted on him also constitute a violation of article 1 of the Convention. 6.4 Having found a violation of article 1, the Committee will not consider separately the claims of a violation of article 16 of the Convention. 6.5 The Committee notes the complainant’s allegation that he was the victim of a violation of article 2 (1), read in conjunction with article 1, inasmuch as the State party failed in its obligations to prevent and punish the acts of torture inflicted on the victim. The Committee notes that the State party has not refuted these allegations. However, the complainant has presented considerable evidence, including the acknowledgement of his complaint to the Public Prosecutor, dated 12 April 2011, and the repeated complaint, dated 28 January 2012, setting out the steps taken to obtain an effective remedy against the acts suffered and the perpetrators of the acts, in vain. In the light of the information before it, the Committee finds that the complainant was and continues to be the victim of a violation of article 2 (1), read in conjunction with article 1 of the Convention. 6.6 The Committee also notes the complainant’s argument that the State party has not fulfilled the requirement to keep under systematic review methods and practices used during interrogations, and that there is no guarantee under Algerian law to prevent acts such as those suffered by the complainant. The Committee recalls that, in its concluding observations dating from 2008, it recommended that the State party should establish a 6

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