CAT/C/CUB/CO/2
the lack of statistical information about the number of complaints, investigations,
prosecutions and criminal and disciplinary sanctions imposed against the perpetrators of
acts of torture and ill-treatment (arts. 2, 12, 13 and 16).
The Committee reiterates its previous recommendations (A/53/44, para. 118 (b) and
(g)) in which it urged the State party to:
(a)
Establish a dedicated, independent mechanism for receiving complaints
of torture and ill-treatment so as to ensure the prompt and impartial examination of
such complaints;
(b)
Establish a central register of complaints, investigations, prosecutions
and convictions in cases of torture and ill-treatment, which should be publicly
accessible.
The State party should ensure that complainants and witnesses of torture and illtreatment receive the necessary protection and assistance.
Investigations and prosecutions
17.
The figures provided by the State party indicate that the Attorney-General’s Office
received 263 complaints of ill-treatment in prisons and detention facilities between 2007
and 2011 and that, after the corresponding investigations, 46 law enforcement officers were
found to be criminally liable. The Committee regrets that in the course of the dialogue the
delegation provided no additional and more detailed information about the investigations,
prosecutions, disciplinary proceedings and corresponding compensation. It has also
received no information about the sentences and criminal or disciplinary sanctions imposed
on offenders, nor has it indicated whether or not the alleged perpetrators of these acts were
removed or expelled from public service pending the outcome of the investigation of the
complaints. In the absence of this information, the Committee finds itself once again unable
to assess the State party’s actions in the light of the provisions of article 12 of the
Convention (arts. 2, 12, 13, 14 and 16).
The Committee urges the State party to:
(a)
Ensure the prompt and impartial investigation of all complaints of
torture and ill-treatment. Such investigations should be under the responsibility of an
independent body and not subordinate to the executive branch of Government;
(b)
Launch prompt and impartial investigations spontaneously whenever
there are reasonable grounds to believe that an act of torture has been committed;
(c)
Ensure that, in cases of alleged torture and ill-treatment, suspects are
suspended from duty immediately for the duration of the investigation, particularly
when there is a risk that they might otherwise be in a position to repeat the alleged act
or to obstruct the investigation;
(d)
Bring to trial the alleged perpetrators of acts of torture or ill-treatment
and, if they are found guilty, ensure sentences with penalties that are consistent with
the gravity of their acts and that the victims receive compensation.
Independence of the judiciary and the role of lawyers
18.
The Committee notes with concern that there have been no significant changes in the
State party’s justice system since its initial report was submitted in 1997. It is particularly
concerned about the lack of independence from the executive and legislative branches
within both the judiciary and the legal profession (art. 2, para. 1).
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