A/67/44
ratify the International Covenant on Civil and Political Rights and its Second
Optional Protocol concerning abolition of the death penalty.
Deaths in custody
(15) The information provided by the State party indicates that no liability on the part of
the officers involved was established in any of the deaths in custody that occurred during
the period under review and that the autopsy found no signs of physical violence in any of
these cases. However, the Committee regrets that the State party has provided no statistical
information on the causes of these deaths or on mortality rates in detention facilities. The
limited information provided indicates that between 2010 and 2011 there were a total of
202 deaths in the prison system, a figure which the Committee considers high. The
Committee further regrets that the information relating to the death of Mr. Orlando Zapata
Tamayo, a prisoner on hunger strike, was time-barred and without any possibility of
dialogue. It also regrets the lack of information on the death in police custody of Mr. Juan
Soto Wilfredo García, as requested in the list of issues (arts. 2, 11 and 16).
The State party should ensure that all deaths in custody are investigated promptly,
thoroughly and impartially; should assess the health care received by inmates and any
possible liability on the part of prison personnel; and should provide, where
appropriate, adequate compensation to the families of the victims.
The State party should guarantee appropriate monitoring and medical treatment of
persons deprived of their liberty who go on hunger strike.
Complaints mechanism
(16) Although the State party has provided information about the various bodies and
mechanisms that deal with citizen complaints and petitions, the Committee regrets that no
dedicated, independent and effective mechanism has as yet been established to receive
complaints, conduct prompt and impartial investigations into allegations of torture and illtreatment and ensure that those responsible are duly punished. The Committee also notes
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
128
GE.12-44492
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