CAT/C/52/D/402/2009
national registry of detained persons.15 In view of the lack of information provided by the
State party on these matters or on the arguments set out in its concluding observations, the
Committee can only find that the State party has breached its obligations under article 11 of
the Convention.
11.7 Regarding the alleged violation of article 12, read in conjunction with articles 6 and
7, and of article 13, of the Convention, the Committee takes note of the complainant’s
claim that, despite repeated complaints to the various judicial authorities, the State party has
not conducted a prompt and impartial investigation more than 12 years after the events
described. The Committee notes that the State party has not contested this allegation. The
Committee recalls the obligation to carry out a prompt and impartial investigation wherever
there is reasonable ground to believe that an act of torture has been committed.16 In the
absence of an explanation by the State party as to the reasons for the failure, more than a
decade after the events, to conduct any investigation whatever into the acts of torture during
various periods of detention, denounced on many occasions by the complainant, the
Committee finds a violation of article 12 read alone and read in conjunction with articles 6
and 7 of the Convention. 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.
11.8 Regarding the alleged violation of article 14 of the Convention, the Committee notes
the complainant’s allegations 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 article 14 of the Convention recognizes not only the right to fair
and adequate compensation, but also requires States parties 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.17 Given the lack of a prompt and impartial investigation despite the
complainant’s numerous claims that he was tortured, and despite marks showing on his face
during his appearances in court, in particular on 4 July 2005, the Committee finds that the
State party is also in breach of its obligations under article 14 of the Convention.
11.9 The Committee also takes note of the complainant’s allegation that statements and
confessions obtained under torture remained in his case file and served as the basis for his
conviction. The Committee recalls that, in its concluding observations, it stated that it
remained concerned about the lack of any provision in the State party’s legislation clearly
specifying that any statement that is proved to have been obtained under torture may not be
cited as evidence in any proceedings.18 In light of the information submitted by the
complainant, as substantiated by information available to the Committee at the time of
adoption of its concluding observations, the Committee finds a violation of article 15 of the
Convention.
11.10 With regard to the procedure established in article 22, the Committee notes that, by a
letter of 15 December 2010, the complainant informed the Committee that he wished to
withdraw his complaint; that another letter from the complainant, of 21 October 2010,
seems to have been sent to his counsel; that the two letters give different reasons for
15
16
17
18
14
Ibid.
Communication No. 269/2005, Ali Ben Salem v. Tunisia, decision adopted on 7 November 2007,
para. 16.7.
Ibid., para. 16.8.
CAT/C/DZA/CO/3, para. 18.
GE.14-05037