the court in favour of the accused, it remains that the burden was on the author. The Committee notes in this respect that the willingness of the courts at all stages to dismiss the complaints of torture and ill-treatment on the basis of the inconclusiveness of the medical certificate (especially one obtained over a year after the interrogation and ensuing confession) suggests that this threshold was not complied with. Further, insofar as the courts were prepared to infer that the author's allegations lacked credibility by virtue of his failing to complain of ill-treatment before its Magistrate, the Committee finds that inference to be manifestly unsustainable in the light of his expected return to police detention. Nor did this treatment of the complaint by its courts satisfactorily discharge the State party's obligation to investigate effectively complaints of violations of article 7. The Committee concludes that by placing the burden of proof that his confession was made under duress on the author, the State party violated article 14, paragraphs 2, and 3(g), read together with article 2, paragraph 3, and 7 of the Covenant.”99 62. Similarly, the Subcommittee on Prevention of Torture stated relevantly in its report on its 2008 visit to Mexico: “Regarding the judicial evaluation of evidence, the State party bears the burden of proving that its agents and institutions have not committed acts of torture. Victims should not be expected to prove that torture has occurred, particularly as they may have been subjected to conditions that make it impossible to prove: in most cases, victims of torture are held in closed places without access to legal assistance. Moreover…it is not always easy to prove that acts of torture have been committed.”100 63. The Special Rapporteur on Torture has also stated that the burden of proof of absence of coercion should be on the state where it seeks to use information against a detainee.101 The Special Rapporteur noted that in Mexico, the 1991 Federal Act for the Prevention and Punishment of Torture was intended to shift the burden on to the authorities, but had failed to do so.102 Likewise, in its Standing General Recommendations he explains, “where allegations of torture and or other forms of illtreatment are raised by a defendant during trial, the burden of proof should shift to the prosecution to prove beyond reasonable doubt that the confession was not obtained by unlawful means, including torture and similar ill-treatment.”103 64. The Special Rapporteur on Torture took up this issue again in 2006 in his annual report to the General Assembly.104 He noted with concern the “heavy burden of proof placed on an individual to establish that [secret] evidence was obtained under torture.”105 On the interpretation of the word “established” by States, he emphasised that it is “of the utmost importance in this respect that there exists a procedure which affords protection 99 Singarasa v Sri Lanka, Communication 1033/2001, Views of 21 July 2004, § 7.4. See also Kelly v Jamaica, Communication 253/1987 at § 5.5; Berry v Jamaica, Communication 330/1998 at § 11.7; Shukurova v Tajikistan, Communication 1044/2002 at §s. 8.2-8.3 and Deolall v Guyana, Communication 912/2000 at §s. 5.15.2. 100 Subcommittee on Prevention of Torture, Report on visit to Mexico, UN doc. CAT/OP/MEX/1, at § 39 (31 May 2010). 101 See e.g. Special Rapporteur on torture and other cruel, inhuman or degrading treatment or punishment, Report on visit to Mexico, UN doc. E/CN.4/1998/38/Add.2, at §§ 36-38 (14 January 1998). See also Report on Visit to Turkey, UN doc. E/CN.4/1999/61/Add.1, at § 113(e) (27 January 1999) or more recently the Study on the phenomena of torture, cruel, inhuman or degrading treatment or punishment in the world, including an assessment of conditions of detention, UN doc. A/HRC/13/39/Add.5 (5 February 2010). 102 As above, at § 38. 103 Special Rapporteur on torture and other cruel, inhuman or degrading treatment or punishment, UN doc. A/56/156, at § 39(j), (3 July 2001). 104 Special Rapporteur on torture and other cruel, inhuman or degrading treatment or punishment, UN doc. A/61/259 (14 August 2006). 105 As above, at p 2 (Summary). 15