CAT/C/CYP/CO/4
empowered to grant redress to the relatives of the missing persons. While welcoming the
fact that the Attorney General has opened some criminal investigations as a result of the
successful identification by CMP of the remains, some relatives of missing persons have
not been given the opportunity to challenge the acts or omissions of the investigating
authorities in court (arts. 2 and 14).
The State party should redouble its efforts to guarantee that the relatives of missing
persons identified by CMP receive appropriate redress, including the means for their
psychological rehabilitation, compensation, satisfaction and for the implementation of
the right to truth. As stated in paragraph 17 of the Committee’s general comment No.
3 (2012) on article 14 of the Convention, a State’s failure to investigate, criminally
prosecute, or to allow civil proceedings related to allegations of acts of torture in a
prompt manner, may constitute a de facto denial of redress and thus constitute a
violation of the State’s obligations under article 14. Additionally, the Committee
recalls that judicial remedies must always be available to victims, as should all
evidence concerning acts of torture or ill-treatment upon the request of victims, their
legal counsel, or a judge (general comment No. 3, para. 30).
Redress, including compensation and rehabilitation
22.
The Committee takes note of the information mentioned in the State report
(CAT/C/CYP/4, para. 123) that only two cases concerning torture and ill-treatment were
upheld by the Supreme Court, and regrets the lack of information on redress and
compensation measures awarded by the courts of the State party to the two victims of those
cases (art. 14).
The Committee draws the attention of the State party to general comment No. 3
(2012), in which the Committee explains the content and scope of the obligation of
States parties to provide full redress to victims of torture. The State party should:
(a)
Review the existing procedures for seeking reparation in order to ensure
that they are accessible to all victims of torture and ill-treatment;
(b)
Ensure full compliance with article 14 of the Convention, as interpreted
in general comment No. 3 (2012), and provide the Committee with information on
redress and compensation ordered by courts and ongoing rehabilitation, including
resources allocated for that purpose.
Data collection
23.
The Committee regrets the absence of comprehensive and disaggregated data on
complaints of, investigations into, and prosecutions and convictions for torture and illtreatment by law-enforcement, security, military and prison personnel, at the criminal and
disciplinary levels, as well as on deaths in custody, crimes involving trafficking, and
domestic and sexual violence.
The State party should compile statistical data relevant to the monitoring of the
implementation of the Convention at the national level, including data, at the criminal
and disciplinary levels, on complaints of, investigations into and prosecutions and
convictions for torture and ill-treatment, deaths in custody, trafficking and domestic
and sexual violence, as well as on the means of redress, including compensation and
rehabilitation, provided to the victims.
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