CAT/C/52/D/497/2012
result of torture.17 In this connection, the Committee observes that, in the present case, the
national courts failed to address adequately the complainant’s repeated claims regarding his
forced confessions. In the absence of any other pertinent information in this regard on file,
the Committee considers that the State party’s authorities have failed to duly ascertain
whether or not statements admitted as evidence in the proceedings have been made as a
result of torture. In these circumstances, the Committee concludes that the State party has
also breached its obligations under article 15 of the Convention.
9.
The Committee, acting under article 22, paragraph 7 of the Convention, is of the
view that the facts before it disclose violations of article 1 in conjunction with article 2,
paragraph 1; and of articles 12; 13; 14; and 15, of the Convention against Torture and Other
Cruel, Inhuman or Degrading Treatment or Punishment.
10.
The Committee urges the State party to conduct a proper, impartial and independent
investigation in order to bring to justice those responsible for the complainant’s treatment,
to provide the complainant with full and adequate reparation, including compensation and
rehabilitation, and to prevent similar violations in the future. Pursuant to rule 118,
paragraph 5, of its rules of procedure, the State party should inform the Committee, within
90 days from the date of the transmittal of this decision, of the steps it has taken in response
to the present decision.
[Adopted in English, French and Spanish, the English text being the original version.
Subsequently to be issued also in Arabic, Chinese and Russian as part of the Committee’s
annual report to the General Assembly.]
17
14
See e.g. communication No. 219/2002 (CAT/C/30/D/219/2002), G.K. v. Switzerland, decision
adopted on 7 May 2003, para. 6.10.