CAT/C/PRY/CO/4-6
and on the relevant professional codes of ethics, for police and other law enforcement
officers, prosecutors and judges, and it should establish, de facto and de jure, effective
mechanisms to ensure transparency in the conduct of public officials. The Committee
requests the State party to keep it informed of any steps taken and any difficulties
encountered in the fight against corruption. The Committee also requests the State
party to supply information on the number of State officials, including senior officials,
who have been tried and punished for corruption.
Non-refoulement
17.
The Committee is concerned about the allegations received concerning extraditions
carried out by the State party without it having examined the risk of the person extradited
being tortured in the receiving country. The Committee is also concerned about the lack of
specific training for members of the judiciary regarding the scope of article 3 of the
Convention (art. 3).
The State party should formulate and adopt legal provisions to incorporate article 3 of
the Convention into its domestic law and ensure that the provisions of that article are
applied in cases of expulsion, refoulement or extradition of foreign citizens. Under no
circumstances should the State party expel, return or extradite a person to another
State where there are substantial grounds for believing that he or she would be in
certain danger of being subjected to torture or ill-treatment.
Impunity for acts of torture and ill-treatment
18.
The Committee is concerned about the numerous and consistent allegations of
torture and ill-treatment of persons deprived of their liberty, in particular by police officers.
The Committee regrets the lack of any consolidated statistics on complaints of torture,
investigations and the penalties handed down during the period covered by the State party’s
report. The Committee takes note of the statistics provided in the State party’s report
concerning disciplinary proceedings against police officers; however, it notes that the
statistics do not indicate how many of those cases have been brought to court. The
Committee is also concerned that, according to the information provided in the State party’s
report, during 2009 there were only nine complaints of torture in the State party’s prisons.
The Committee considers that the figures do not tally with the persistent allegations and
extensive documentation received from other sources concerning cases of torture and illtreatment of persons deprived of their liberty. The Committee is further concerned by the
limited effectiveness of police monitoring and supervision mechanisms and the lack of
compensation and rehabilitation services for victims of torture and ill-treatment (arts. 2, 12–
14 and 16).
The Committee recommends that the State party should:
(a)
As a matter of urgency, take immediate and effective measures to
prevent acts of torture and ill-treatment, including through the announcement of a
policy that would produce measurable results in the eradication of torture and illtreatment by State officials;
(b)
Adopt appropriate measures to ensure that all complaints of torture and
ill-treatment are promptly and impartially investigated by an independent body;
(c)
Review the efficacy of the internal complaints procedure available to
persons deprived of their liberty and consider establishing an independent complaints
procedure for all persons deprived of their liberty;
6
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