CAT/C/COL/CO/5
Complaint and investigation mechanisms and impunity
21.
The Committee is concerned by reports indicating that complaints of torture and illtreatment are rarely investigated, which creates a climate of impunity. In view of these
reports, the Committee is concerned by the fact that the State party has not furnished
specific information on the number of complaints of torture or ill-treatment or on the
corresponding investigations, trials and convictions during the reporting period. Given the
lack of this information, the Committee is unable to evaluate the actions of the State party
in the light of article 12 of the Convention. Furthermore, the Committee finds it regrettable
that there is still no specific, independent, effective mechanism for the receipt of complaints
of torture or ill-treatment in detention centres or for the investigation of those complaints
(arts. 2, 12, 13 and 16).
The State party should:
(a)
Ensure that all complaints of torture or ill-treatment are promptly
investigated in an impartial manner by an independent body, that there is no
institutional or hierarchical relationship between that body’s investigators and
suspected perpetrators of such acts and that the suspected perpetrators are duly tried
and, if found guilty, are punished in a manner that is commensurate with the gravity
of their acts;
(b)
Ensure that the authorities undertake investigations on their own
initiative whenever there are reasonable grounds to believe that an act of torture or
ill-treatment has been committed;
(c)
treatment;
Establish a centralized registry for records on cases of torture and ill-
(d)
Regularly evaluate the effectiveness of the complaints systems made
available to persons deprived of their liberty.
Redress
22.
According to the information supplied by the State party concerning avenues for the
provision of redress for acts of torture under Decree No. 1290 of 2008 and Act No. 1448 of
2011, as of 30 December 2013 only 7 of the 9,474 recognized victims of torture had
actually received compensation. Bearing in mind the wide array of measures of redress
provided for in Act No. 1448, the Committee finds it regrettable that it has not received
detailed information on the implementation of programmes to provide redress, including
treatment for trauma and other forms of rehabilitation, to victims of torture (art. 14).
The Committee urges the State party to provide all victims of torture or ill-treatment
with full redress for the harm suffered, which should include fair and adequate
compensation and as full rehabilitation as possible. To this end, it should ensure that:
(a)
Rehabilitation programmes and services are available to all victims, with
no discrimination whatsoever being present in this respect;
(b)
Rehabilitation services are comprehensive and include medical and
psychological treatment and social services;
(c)
Forms of reparation and restitution are determined on the basis of the
nature and circumstances of each individual case so that the redress provided is
geared to the particular needs of the victim and is commensurate with the gravity of
the acts in question.
GE.15-08413
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