CAT/C/61/D/654/2015
7.13 With regard to article 15, the Committee has taken note of the complainant’s
allegation that the judicial proceedings instituted against him and the sentence to a prison
term of 26 years were based on the record that he signed under torture. Notwithstanding his
complaints, his allegations were never verified by the authorities and his confessions were
not rendered null and void. The State party has not presented any argument capable of
countering the allegation. The Committee recalls that the general nature of the provisions of
article 15 of the Convention derives from the absolute nature of the prohibition of torture
and therefore entails an obligation for each State party to ascertain whether or not
statements forming part of a procedure under its jurisdiction were made under torture. 25 By
failing to conduct the necessary investigations and by using such statements in the legal
proceedings instituted against him, the State party violated its obligations under article 15
of the Convention.
8.
The Committee, acting under article 22 (7) of the Convention, considers that the
facts before it constitute violations of article 2 (1), in conjunction with article 1, and articles
4, 11, 12, 13, 14 and 15 of the Convention.
9.
The Committee urges the State party: (a) to ensure that all acts of torture committed
before 1999 are prosecuted as offences punishable by penalties commensurate with the
gravity of the crime and to amend its criminal legislation to allow for such prosecution; (b)
to complete the investigation into the events in question with a view to prosecuting all
persons who may have been responsible for the treatment to which the complainant was
subjected; (c) to provide the complainant with appropriate redress, including compensation
for material and non-material damages, restitution, rehabilitation, satisfaction and
guarantees of non-repetition; and (d) to take all necessary measures to prevent any threats
or acts of violence to which the complainant or his family might be exposed, particularly as
a result of having lodged the present complaint. In accordance with rule 118 (5) of its rules
of procedure, the Committee requests the State party to inform it, within 90 days of the date
of transmission of this decision, of the steps it has taken in response to the above findings.
25
GE.17-16785
See communications, No. 419/2010, Ktiti v. Morocco, decision adopted on 26 May 2011, para. 8.8;
P.E. v. France, para. 6.3; and Niyonzima v. Burundi, para. 8.7.
15