CAT/C/VEN/CO/3-4
Application of the Istanbul Protocol in investigations
11.
The Committee takes note of the State party’s explanations that forensic physicians
abide by the provisions of the Istanbul Protocol. Nevertheless, the Committee is concerned
by reports that forensic medical evaluations often fail to provide a detailed description of
injuries or interpretation of the findings. The Committee is also concerned about reports
that such evaluations have not been made in all cases, or were made after several days had
passed, or in the presence of law enforcement officers or prosecutors. The Committee also
notes with concern that consistent reports indicate that in many cases the detainee was not
given a copy of the medical evaluation (arts. 12 and 13).
The State party should:
(a)
Ensure that forensic medical evaluations are carried out in a thorough
manner and in accordance with the principles of confidentiality and privacy;
(b)
Ensure that forensic medical evaluations are conducted using forms that
are modelled on annex IV of the Istanbul Protocol and that include an interpretation
of the findings;
(c)
Adopt the legislative amendments required in order to accord full
evidentiary value to the reports of independent medical experts;
(d)
Ensure that all detained persons who ask to be examined by an
independent physician or an official forensic physician receive copies of their request
and of the medical report;
(e)
Strengthen training concerning the Convention and the Istanbul
Protocol not only for forensic physicians, but also for other medical personnel, police
officers, prosecutors and prison and immigration officials involved in investigations or
in the treatment of detainees.
Excessive use of force when containing demonstrations
12.
The Committee notes with concern that 43 persons died in the course of the
demonstrations that took place from February to June 2014 and that 878 persons were
injured, of whom 68 per cent were civilians. According to statistics provided by the State
party’s delegation, 242 complaints were lodged concerning acts by State security officers,
and charges have been filed against 15 of them. However, the Committee is concerned by
the discrepancy between these figures and those provided by the Ombudsman’s Office in
the replies to the list of issues, which cited 558 investigations into suspicions that
individuals were victims of excessive use of force by the police. The Committee is also
concerned about consistent reports of unwarranted use of firearms and riot control
equipment against protesters and in residential areas. The Committee also notes with
concern that military units such as the Bolivarian National Guard were involved in
controlling the demonstrations, although maintaining public order is not part of their duties
and no state of emergency had been declared. The Committee further notes that there were
121 complaints of excessive use of force by members of this force in the exercise of their
functions during this period (arts. 12, 13 and 16).
The State party should:
(a)
Expedite the investigation and prosecution of such cases, impose
appropriate penalties upon officials found guilty of such offences and afford the
victims appropriate redress;
(b)
Strengthen ongoing training for all law enforcement officers on the
absolute prohibition of torture and on international standards on the use of force, as
well as on their liability in the event of excessive use of force;
GE.14-24172
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