CAT/C/52/D/402/2009 11.2 The Committee takes note of the complainant’s claim that, during his periods of detention between 2001 and 2005, he was beaten repeatedly, subjected to the rag technique, given electric shocks, hung from the ceiling by his left foot, had his leg violently twisted until it broke, had his right foot pierced through, and had a bar inserted in his anus. It also takes note of the complainant’s claim that he was held in secret detention for 15 days in April 2001, and on 1 July and 23 October 2005 in DRS centres; that, during his periods in detention, he was subjected to further ill-treatment and humiliation, and was beaten before his hearing on 4 July 2005; that he received no adequate medical treatment; and that, during all those years in detention, he was underfed, held in windowless cells and slept naked and handcuffed on the floor, unable to lie down full length.. The Committee notes that these claims are substantiated in medical certificates issued in France, dated 6 March 2007 and 28 August 2008. The Committee concludes that the alleged treatment constitutes severe pain and suffering within the meaning of article 1 of the Convention. 11.3 The Committee takes note of the complainant’s claim that his severe pain and suffering was inflicted by public officials, in this case, DRS officials and gendarmes, with the consent of high-ranking officials and the acquiescence of the judicial authorities. The Committee also notes that such treatment was inflicted for the purpose of obtaining statements and confessions from the complainant, and of punishing, intimidating and coercing him on the basis of his presumed political affiliation. The Committee notes that the State party has not refuted these allegations. The Committee considers that the acts described constitute torture within the meaning of article 1 of the Convention. 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. 11.4 Having found a violation of article 1, the Committee will not consider separately the claims of a violation of article 16 of the Convention. 11.5 The complainant claims a violation of article 2, paragraph 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 takes note of the complainant’s arguments that he has been a direct victim of flaws in law and in practice related to interrogations in Algeria, in particular that the law permits police custody for 12 days, with no contact with the outside, and in particular with the family, and no assistance from a lawyer or independent doctor; and that custody can be extended beyond that limit. The Committee also takes note of the complainant’s claim that he was held in DRS premises not subject to any form of supervision by the competent judicial authorities. The Committee notes that the State party has not contested these claims. In this regard, the Committee recalls its most recent concluding observations addressed to the State party, in which it noted with concern that the legal period of custody can in practice be extended repeatedly. that the law does not guarantee the right to counsel while in custody, and that, in practice, the right of a detained person to have access to a doctor and to communicate with his or her family is not always respected.14 In the light of the information before it, the Committee finds a violation of article 2, paragraph 1, read in conjunction with article 1 of the Convention. 11.6 Regarding article 11, the Committee takes note of the complainant’s argument that he benefited from no legal safeguards during his interrogation. The Committee recalls that, in its recent concluding observations, it recommended that the State party establish a 14 GE.14-05037 Concluding observations of the Committee against Torture on the third periodic report of Algeria, adopted on 13 May 2008 (CAT/C/DZA/CO/3), para. 5. 13