CAT/C/GAB/CO/1
with the laws in force”. The Committee is equally concerned by the absence of a specific
mechanism for filing complaints of torture committed by police officers and/or in any place
of detention, including prisons. The Committee has some concerns as to the independence
and impartiality of inquiries into allegations that members of the police force have
committed acts of torture in view of the fact that, as provided for in article 3 of the Code of
Criminal Procedure, they may be conducted by criminal investigation police officers. (arts.
12 and 13)
The State party should revise its Code of Criminal Procedure so that a prompt,
impartial inquiry can be opened ex officio where there is reason to believe that an act
of torture has been committed in any territory under its jurisdiction. It should
establish an independent mechanism for lodging complaints against members of the
police force and ensure that prompt, impartial, independent investigations into such
complaints are conducted. The State party should also take the necessary steps to
enable victims of torture, including those in detention, to file complaints without fear
of reprisal and to ensure that such complaints are investigated promptly and
impartially.
Redress, compensation, rehabilitation
23.
While noting that a complainant can bring a civil suit for compensation for harm
suffered as the result of a crime or offence under article 2 of the Code of Criminal
Procedure, the Committee regrets the absence of precise, detailed information about the
mechanisms available in the State party for seeking fair and adequate compensation,
including rehabilitation services, for victims of torture, including those who have not
entered a claim for redress. The Committee is equally concerned by the lack of information
about cases involving torture or ill-treatment in which the State party has paid out
compensation in order to redress harm suffered by victims of torture or has provided
rehabilitation services, where necessary. (art. 14)
The State party should clarify its legislation and ensure that it provides guarantees
that will allow victims of torture to claim and receive fair and adequate compensation,
particularly in cases where public officials are implicated, and that it offers them
rehabilitation services in accordance with article 14 of the Convention. It should
supply the Committee with detailed statistics on the cases in which the State party has
compensated victims of torture or ill-treatment and on the exact amounts of
compensation paid to them.
The Committee draws the State party’s attention to its recently adopted general
comment on the implementation of article 14 (CAT/C/GC/3), which clarifies the
content and scope of States parties’ obligations with respect to the provision of full
redress to victims of torture.
Confessions made under duress
24.
The Committee is concerned by the fact that while, according to the information
provided by the State party in its report, the freedom to provide evidence does not
encompass illegal means, there is no clearly stated provision in its criminal legislation that
explicitly prohibits the courts from admitting evidence or confessions obtained under
torture. (art. 15)
The State party should amend its legislation in order to make it clear that confessions,
statements and other evidence obtained through torture or ill-treatment may not be
invoked as evidence in legal proceedings, except against a person accused of torture as
evidence that the statement was made. The State party should investigate all
allegations that confessions have been obtained under torture and ensure that the
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