CAT/C/71/D/858/2018 Alleged violations against B.N. 3.8 The complainant claims violations of articles 12, 13 and 14, read in conjunction with article 1 and, in the alternative, article 16 of the Convention, in respect of B.N. He maintains that A.H.’s enforced disappearance and the serious threats that were made against B.N. until his death constitute acts of torture within the meaning of article 1 of the Convention. He points out that these acts placed B.N. in a state of constant anguish and distress, which had an impact on his mental integrity. The complainant cites the case of Hernández Colmenarez and Guerrero Sánchez v. Bolivarian Republic of Venezuela, 32 in which the Committee described enforced disappearance as a form of torture in relation to both the victim and his or her family. Should the Committee decide not to endorse such a characterization, it is maintained, in the alternative, that the abuse suffered by the complainant in any case constitutes cruel, inhuman or degrading treatment contrary to article 16 of the Convention. 3.9 With regard to article 12 of the Convention, the complainant submits that no prompt and impartial investigation has been opened into A.H.’s disappearance, even though it has been reported to the State party’s authorities. As enforced disappearance constitutes an act of torture in relation to the victim and his or her family members, the complainant maintains that the State party’s authorities became aware that an act of torture had been committed against B.N. as soon as they became aware of A.H.’s enforced disappearance. From then on, therefore, the State party failed to fulfil its obligation towards the complainant. 3.10 With regard to article 13, the complainant maintains that B.N.’s right to complain to the State party’s authorities about acts of torture was not guaranteed, as he was threatened in order to make him halt the search for his son. 3.11 With regard to article 14, the complainant maintains that, by depriving B.N. of criminal proceedings, the State party deprived him of all remedies for obtaining compensation for a serious crime such as torture. 3.12 The complainant requests the Committee to: (a) order the State party to ensure that independent and impartial bodies carry out a prompt, thorough and effective investigation into the acts of torture inflicted on A.H. and B.N., with a view to criminally prosecuting and punishing the perpetrators; (b) order the State party to provide appropriate redress to the complainant, including compensation for the material and non-material harm caused, restitution, rehabilitation, satisfaction and guarantees of non-repetition; and (c) request the State party to amend its legislation so that no statute of limitations applies to acts of torture, regardless of the context in which they are committed, and so that the authorities comply with their obligation to conduct ex officio independent and impartial investigations as soon as they become aware of acts of torture committed by their officials. State party’s failure to cooperate 4. On 12 January 2018, 7 February 2019 and 9 April 2019, the State party was invited to submit its observations on the admissibility and merits of the communication. The Committee notes that it has not received a response and regrets that the State party has not cooperated by sharing its observations on the present complaint.33 The Committee recalls that the State party is obliged, pursuant to the Convention, to submit to the Committee written explanations or statements clarifying the matter and indicating the steps, if any, that it may have taken to remedy the situation. In the absence of a response from the State party, due weight must be given to the complainant’s allegations, which have been properly substantiated. 32 33 GE.21-12084 Hernández Colmenarez and Guerrero Sánchez v. Bolivarian Republic of Venezuela (CAT/C/54/D/456/2011), para. 6.4. See also Ndagijimana v. Burundi (CAT/C/62/D/496/2012 and Corr.1), para. 7; Ndarisigaranye v. Burundi (CAT/C/62/D/493/2012), para. 7; and Ntikarahera v. Burundi (CAT/C/52/D/503/2012), para. 4. 7