CAT/C/AUT/CO/6
and the content of the juvenile justice reform, which is to be introduced in 2016, the
Committee remains concerned at reports that alternatives to the pretrial detention of
juveniles are not sufficiently applied in practice (art. 11).
35.
The State party should ensure full implementation of the United Nations
Standard Minimum Rules for the Administration of Juvenile Justice (the Beijing
Rules) and the United Nations Guidelines for the Prevention of Juvenile Delinquency
(the Riyadh Guidelines).
Prompt, thorough and impartial investigations
36.
In the light of the information provided by the State party in its periodic report (see
CAT/C/AUT/6, paras. 108-109 and 115), the Committee is concerned about the
discrepancy between the high number of allegations of torture, ill-treatment and other
police misconduct and the extremely low number of prosecutions and convictions for such
allegations, as well as the notable absence of disciplinary sanctions handed down during the
period under review. It is also concerned about the delegation’s statement that, when no
signs of injuries are visible, the investigation procedure is to be suspended. Furthermore,
the Committee regrets the lack of information provided on whether the aggravating
circumstances outlined in section 33 of the Criminal Code, including racism and
xenophobia, have been invoked in the determination of sanctions for cases of torture and
ill-treatment during the period under review (arts. 4, 12 and 13).
37.
The Committee urges the State party to ensure that all instances and
allegations of torture and ill-treatment are investigated promptly, effectively and
impartially – independently of the existence of visible signs of torture – and that the
perpetrators are prosecuted and convicted in accordance with the gravity of their acts,
as required in article 4 of the Convention.
Redress
38.
While appreciating the information provided by the State party concerning the
compensation already awarded to Bakary Jassay (see CAT/C/AUT/6, paras. 145-147), the
Committee regrets the limited amount of information available with regard to other
reparation and compensation measures ordered by the courts or other State bodies and
actually provided to victims of torture and/or ill-treatment since the consideration of the
previous periodic report (art. 14).
39.
The State party should ensure that all victims of torture and ill-treatment
obtain redress, including an enforceable right to fair and adequate compensation and
the means for as full rehabilitation as possible. The Committee draws the State party’s
attention to its general comment No. 3 (2012) on the implementation of article 14 by
States parties, in which it elaborates on the nature and scope of the State parties’
obligations under article 14 of the Convention to provide full redress and the means
for full rehabilitation to victims of torture.
Restraint measures
40.
The Committee is concerned about reports indicating the absence of specific
registers for recording the use of restraint measures, including forcible administration of
sedative medication, in psychiatric and social welfare institutions (arts. 2 and 16).2
2
See CPT/Inf(2015) 34, para. 124.
7