CAT/C/41/D/257/2004
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shown not to have been conducted impartially. In this regard, the Committee notes the claims,
uncontested by the State party, that one of the doctors in question had been requested by the
police authorities not to provide the complainant with a medical report and that the Prosecutor
had failed to summon certain witnesses. It also notes that the Prosecutor’s office arrived at the
same interpretation of the medical reports as the domestic courts themselves, to the extent that
the complainant had suffered from a “slight physical injury”, an interpretation already contested
by the Committee in its finding of a violation of article 16 above. For these reasons, the
Committee considers that the State party has also violated article 12 of the Convention.
9.5 As to the claims of violations of articles 10 and 11, the Committee notes that the
complainant has failed to provide any arguments or information to substantiate such claims and
thus is not in a position to making any finding with respect to the rights protected therein.
10. The Committee, acting under article 22, paragraph 7, of the Convention, is of the view that
the facts before it disclose violations of articles 12, and 16, paragraph 1, of the Convention
against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment.
11. In pursuance of rule 111, paragraph 5, of its rules of procedure, the Committee urges the
State party to provide an effective remedy to the complainant, including fair and adequate
compensation for the suffering inflicted, in line with the Committee’s General Comment No. 2,
as well as medical rehabilitation, and to inform it within 90 days from the date of the transmittal
of this decision, of the steps it has taken in response to the views expressed above.
[Adopted in English, French, Spanish and Russian, the English text being the original version.
Subsequently to be issued also in Arabic and Chinese as part of the Committee’s annual report to
the General Assembly.]
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