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concerned by reports that officials alleged to have committed torture or ill-treatment are not
immediately suspended from their duties or transferred as appropriate for the duration of
the investigation, particularly if there is a risk that they may otherwise be in a position to
repeat the alleged act or to obstruct the investigation (arts. 2, 11, 12, 13 and 16).
The State party should:
(a)
Take concrete steps to ensure prompt, thorough and impartial
investigations into allegations of torture and ill-treatment by law enforcement officials
and military personnel leading to the prosecution and punishment of those responsible
with penalties that are consistent with the gravity of the act committed;
(b)
Ensure that all investigations into crimes involving public officials are
undertaken by an independent and effective body;
(c)
Ensure that all officials alleged to be responsible for violations of the
Convention are suspended from their duties while any investigation into the
allegations is in progress.
The Committee urges the State party to provide information on the number of
complaints filed against public officials alleging acts that constitute torture or illtreatment under the Convention, as well as information on the results of investigations
into those complaints and any proceedings undertaken, at both the penal and
disciplinary levels. This information should describe each relevant allegation and
indicate the authority that undertook the investigation.
Deaths in custody
(13) The Committee is concerned at reports from the State party and non-governmental
organizations on deaths in custody, including the deaths in police custody of Vahan
Khalafyan and Levon Gulyan (arts. 2, 11, 12 and 16).
The Committee urges the State party to investigate promptly, impartially and
effectively all deaths of detainees, assessing any liability of public officials, and to
ensure punishment of the perpetrators and compensation to the families of the
victims. The Committee requests that the State party provide comprehensive updated
information on all reported cases of deaths in custody, including location, cause of
death and the results of any investigations conducted into such deaths, including
punishment of perpetrators or compensation to relatives of victims.
Complaints, reprisals and protection of victims, witnesses and human rights defenders
(14) The Committee notes with concern reports that victims of and witnesses to torture
and ill-treatment do not file complaints with the authorities because they fear retaliation. It
also notes reports that human rights defenders, as well as journalists, have experienced
threats and intimidation as a result of their work, and that the State party has taken few
steps to ensure their protection (arts. 2, 11, 12, 13, 15 and 16).
The Committee urges the State party to establish an effective mechanism to facilitate
the submission of complaints by victims and witnesses of torture and ill-treatment to
public authorities, and to ensure in practice that complainants are protected against
any ill-treatment, intimidation or reprisals as a consequence of their complaint. The
State party should take all necessary steps to ensure that human rights defenders, as
well as journalists, are protected from any intimidation or violence.
Redress, including compensation and rehabilitation
(15) While noting that the State party has paid compensation to victims further to the
European Court of Human Rights ruling of July 2011, the Committee regrets the lack of
data provided by the State party regarding the amount of any compensation awards made
110
GE.12-44492
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