CAT/C/55/D/494/2012
national register of detained persons.8 In view of the fact that of the State party has not
provided any information for the present individual communication to refute the allegations
of the complainant, the Committee finds, in the case in point, a violation of article 11 of the
Convention.
6.7 The Committee notes that, according to the complainant, a few days after his release,
he requested a hearing with the Public Prosecutor of the Ouargla Court and the Chief
Prosecutor of the Court, whom he told about his arrest and to whom he reported the
treatment that he received while in detention; that the courts dismissed the complaint; that
he subsequently lodged a complaint dated 12 April 2011 with the Ministry of Justice, to no
avail; and that, on 28 November 2011, after meeting with the Prosecutor, he was told that,
as it is a matter of military security, no action would be taken. The Committee also notes
that the complainant reportedly made a final appeal to the Public Prosecutor by registered
letter, dated 28 January 2012, to ask him to launch an investigation and that, to date, no
reply to this letter has been received. The Committee notes that the State party has made no
comment on these claims. It recalls the obligation to carry out a prompt and impartial
investigation wherever there is reasonable grounds to believe that an act of torture has been
committed.9 In the absence of an explanation by the State party as to the reasons for the
failure, since the events in 2011, to conduct any investigation whatsoever into the acts of
torture denounced on many occasions by the complainant, the Committee finds a violation
of article 12. The Committee also considers that the State party has failed to fulfil its
obligation under article 13 of the Convention to ensure the complainant’s right to complain
and to have his or her case promptly and impartially examined by the competent
authorities.10
6.8
Regarding the alleged violation of article 14 of the Convention, the Committee notes
the complainant’s claim that the State party has deprived him of any form of redress by
failing to act on his complaint and by not immediately launching a public investigation. The
Committee recalls that, under its article 14, States parties to the Convention recognize not
only the right to fair and adequate compensation, but also the requirement to ensure that the
victim of an act of torture obtains redress. The Committee considers that redress should
cover all the harm suffered by the victim, including restitution, compensation and measures
to guarantee that there is no recurrence of the violations, always bearing in mind the
circumstances of each case. 11 Given the lack of a prompt and impartial investigation,
despite the complainant’s numerous claims that he was tortured, which were corroborated
by a medical certificate and photographs taken on the day after his release, the Committee
finds that the State party is also in breach of its obligations under article 14 of the
Convention.
7.
The Committee against Torture, acting under article 22 (7) of the Convention, finds
that the facts before it disclose a violation of article 1; article 2 (1), read in conjunction with
article 1; article 11; article 12; article 13; and article 14 of the Convention against Torture
and Other Cruel, Inhuman or Degrading Treatment or Punishment.
8.
Pursuant to rule 118 (5) of its rules of procedure (CAT/C/3/Rev.6), the Committee
urges the State party to conduct an impartial investigation into the incidents in question,
with a view to bringing to justice those responsible for the complainant’s treatment, and to
inform it, within 90 days of the date of the transmittal of this decision, of the steps it has
8
9
10
11
See CAT/C/DZA/CO/3, para. 5.
See Ali Ben Salem v. Tunisia, para. 16.7.
See communication No. 402/2009, Abdelmalek v. Algeria, decision adopted on 23 May 2014, para.
11.7.
See Ali Ben Salem v. Tunisia, para. 16.8.
7