CAT/C/75 page 75 44 See paragraph 146 above. 45 This is in breach of paragraph 16 of the Guidelines on the Role of Prosecutors approved by the Eighth United Nations Congress on the Prevention of Crime and the Treatment of Offenders, which states: “When prosecutors come into possession of evidence against suspects that they know or believe on reasonable grounds was obtained through recourse to unlawful methods, which constitute a grave violation of the suspect’s human rights, especially involving torture or cruel, inhuman or degrading treatment or punishment, or other abuses of human rights, they shall refuse to use such evidence against anyone other than those who used such methods, or inform the Court accordingly, and shall take all necessary steps to ensure that those responsible for using such methods are brought to justice.” 46 A/52/44, para. 163. 47 Recommendations 1/94, 6/94, 10/95, 12/95, 6/96, 2/97, 6/97, 7/97, 8/97, 10/97, 11/97, 1/98, 3/99, 7/99 and 7/2000. 48 This amendment of the charges was described by the Federal District Commission as reprehensible. The Commission disagreed with the court’s view that torture had not occurred because an essential element of torture had not been proven, namely, that the intention of the aggressors had been to punish the victim. It stated, “there are overwhelming signs of torture: at least one police officer allowed his body to fall repeatedly onto the victim’s, striking him with his knee and causing him deep abdominal bruising and rupturing his intestines, thus punishing him for having just broken the lock and/or resisted arrest. The victim’s injuries were described by the official medical experts as life-threatening. The victim needed emergency removal of a section of his intestines”. CDHDF, seventh annual report, pp. 249-250. 49 Ibid., pp. 212-214. 50 A/48/44/Add.1, para. 39. 51 A/56/44, para. 163. 52 See above, paragraphs 175 to 179. 53 See above, paragraphs 180 to 183. 54 See above, paragraphs 155 to 158. 55 See above, paragraphs 49, 59, 69, 138, 145, 215-217. 56 See above, paragraphs 196-203. 57 See above, paragraphs 48 and 138. 58 Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment, article 15; Inter-American Convention to Prevent and Punish Torture, article 10.