CAT/C/51/D/376/2009
impartial investigation immediately and systematically in all cases where there are
reasonable grounds to believe that an act of torture has been committed, including cases in
which a prisoner has died. By failing to meet this obligation, the State party has also failed
to fulfil its responsibility under article 13 of the Convention to guarantee the right of the
complainant and her family to lodge a complaint, which presupposes that the authorities
provide a satisfactory response to such a complaint by launching a prompt and impartial
investigation.
6.7
Regarding the complainant’s allegations under article 14 of the Convention, the
complainant has asserted that, by depriving Mounir Hammouche’s family of the
opportunity to bring legal action under criminal law, the State party has deprived it of the
possibility of obtaining compensation through a civil proceeding, since, under Algerian
law, civil court judgements are deferred until the final determination of the criminal action.
The Committee refers to its general comment No. 3 (2012)22 and recalls that article 14 of
the Convention recognizes not only the right to fair and adequate compensation but also
requires States parties to ensure that the victim of an act of torture obtains redress. The
Committee considers redress to cover all the harm suffered by the victim and to encompass,
among other measures, restitution, compensation and guarantees of non-repetition of the
violations.23 In the absence of a prompt and impartial investigation, despite the existence of
circumstances strongly suggesting that Mounir Hammouche died in custody as a result of
torture, the Committee finds that the State party has also failed to fulfil its obligations under
article 14 of the Convention.
7.
The Committee against Torture, acting under article 22, paragraph 7, of the
Convention, is of the view that the facts before it disclose a violation of articles 1, 2 (para.
1), 11, 12, 13 and 14 of the Convention against Torture and Other Cruel, Inhuman or
Degrading Treatment or Punishment.
8.
Pursuant to rule 118, paragraph 5, of its rules of procedure, the Committee urges the
State party to inform it, within 90 days from the date of the transmittal of this decision, of
the steps it has taken in conformity with the above Views, including to conduct an impartial
investigation into the events in question for the purpose of prosecuting those allegedly
responsible for the victim’s treatment; to hand over to the complainant the victim’s autopsy
report and records of the preliminary investigation, as requested by her and as promised to
the Committee by the representative of the Government of the State party in May 2008; and
to ensure that the complainant obtains full and effective redress.
[Adopted in English, French, Russian and Spanish, the French text being the original
version. Subsequently to be issued also in Arabic and Chinese as part of the Committee’s
annual report to the General Assembly.]
22
23
GE.13-49959
Official Records of the General Assembly, Sixty-eighth Session, Supplement No. 44 (A/68/44), annex
X, paras. 2 and 6.
See Sahli v. Algeria, para. 9.7.
11