A/67/44
one provided in article 1 of the Convention as it does not contain all the required elements
(art. 1).
The State party should incorporate in its criminal law a definition of torture that is in
strict conformity with and covers all the elements contained in article 1 of the
Convention. Such a definition would meet the need for clarity and predictability in
criminal law, as well as the need under the Convention to draw a distinction between
acts of torture committed by or at the instigation of or with the consent or
acquiescence of a public official and any other person acting in an official capacity,
and acts of violence committed by non-State actors.
Allegations of torture and ill-treatment, impunity
(10) The Committee expresses its serious concern at persistent allegations of torture and
ill-treatment by law enforcement officials during arrest or detention, including in the
premises of the Criminal Investigation Departments (CID). The Committee is also
concerned at the limited number of such cases that have been prosecuted, the very limited
number of final convictions, and the lack of sanctions due to mitigating circumstances etc,
in cases where there have been convictions. The Committee notes that this does not
correspond to recent decisions and rulings from international bodies, including the Human
Rights Committee and the European Court of Human Rights, as well as persistent
allegations and extensive documentation received from other sources. The Committee also
reiterates its concern at the continued reluctance of prosecutors to institute criminal
proceedings under article 137A of the Criminal Code and that only one case has resulted in
a conviction under this article. In addition, the Committee shares the concern of the Special
Rapporteur on the question of torture regarding the limited forensic evidence available to
corroborate allegations of ill-treatment amounting to torture (arts. 1, 2, 4, 12 and 16).
The State party should:
(a)
As a matter of urgency, take immediate and effective measures to
prevent acts of torture or ill-treatment, including through public sensitization as well
as the announcement and adoption of a policy that would produce measurable results
in the eradication of torture or ill-treatment by State officials;
(b)
Promptly amend its interrogation rules and procedures, such as
introducing audio or videotaping, with a view to preventing torture and ill-treatment;
(c)
Duly bring to trial alleged perpetrators of acts of torture or ill-treatment
and, if they are found guilty, punish them with appropriate penalties which take into
account the grave nature of their acts.
Excessive use of force by the police
(11) The Committee reiterates its concern at continuing allegations of excessive use of
force by law enforcement officials, often related to policing of demonstrations and crowd
control (arts. 12 and 16).
The State party should take immediate and effective measures to ensure that law
enforcement officials only use force when strictly necessary and to the extent required
for the performance of their duty.
Ill-treatment of undocumented migrants, asylum seekers, minorities and Roma
(12) The Committee expresses its concern at repeated and consistent reports of illtreatment of undocumented migrants, asylum seekers and Roma by law enforcement
officials, including in detention facilities and in the context of regular police checks in the
streets of urban settings, in violation of the Convention. The Committee is also concerned
at information of widespread reluctance by victims to file complaints due to an absence of a
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GE.12-44492
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