CAT/C/57/D/551/2013 Consideration of the merits 7.1 In accordance with article 22 (4) of the Convention, the Committee has considered the present communication in the light of all the information made available to it by the parties concerned. 7.2 The Committee notes that the complainant accuses the State party of violations of articles 1, 2 and 11 to 16 of the Convention. The Committee also notes that, according to the State party, an investigation into the complainant’s allegations of torture is under way. 7.3 With regard to the complaints relating to articles 1, 2, 11 and 16, the Committee takes note of the complainant’s allegations that the State party did not take all effective measures to prevent his being subjected to torture and cruel, inhuman and degrading treatment during his questioning at the national guard post in El Aouina in September 2009. In this regard, the Committee takes note of the complainant’s claim that, for six days, officers of the national guard hit him very hard on the face; beat him on the soles of his feet with a rubber stick for about five minutes; placed a motorcycle helmet on his head and beat him on the head with a baseball bat for about 15 minutes, damaging his hearing; tied him by the wrists and ankles to a large wheel fixed to the wall and spun the wheel very fast in one direction and then the other until he fainted; sprayed his genitals with a gas; gave him electric shocks; repeatedly beat him on the fingers with various implements; and ripped out the nail from one of his big toes. After that, the Committee notes that, according to the complainant, he was held incommunicado for 6 days; was able to eat only a sandwich a day and was allowed to go to the toilet only once a day; received no medical treatment for the entire duration of his custody, while he had an open wound on his belly as a result of the use of force during his arrest; was kept tied to a chair when not being questioned or tortured; and was slapped when he asked to read the transcripts of his questioning, including the transcript in which one of the officers forged the date of his arrest, before signing them. 7.4 The Committee notes that the State party does not refute any of these allegations and confirms that the complainant stated during his first questioning in prison that he had been subjected to acts of violence for 10 days before being imprisoned. The Committee also notes that the complainant provided a report dated 23 March 2012, written by a Mornaguia prison doctor, who wrote that the complainant had claimed during his first consultation to be the victim of a violent attack in the 10 days preceding his incarceration; that the medical examination revealed a painful swelling of the left big toe and abrasion of the sole of the foot; and that an X-ray had revealed a fracture of the left big toe. The Committee also takes note of the complainant’s allegations that he suffers from numerous physical and psychological after-effects of being tortured and notes that he has provided medical reports in this regard.9 The Committee observes, moreover, that although the State party takes note of the complainant’s medical history, it has not provided the report from his initial medical examination in Mornaguia prison on 12 September 2009; nor has it commented on the complainant’s claim that he informed the doctor on the same day about the physical abuse to which he had just been subjected. In these circumstances, the Committee concludes that the facts as presented constitute torture and cruel, inhuman and degrading treatment, and that the State party violated its obligations under articles 1, 2 (1) and 16 of the Convention. 10 As far as article 11 is concerned, the Committee considers that the information provided by the State party on its efforts to prevent and combat torture is of a general nature and does not demonstrate that it has taken specific measures to prevent police officers from committing acts of violence and to prevent the torture by or with the acquiescence of the authorities of individuals who have been arrested, detained or 9 10 8 See paragraph 2.9 above. In view of its position on article 1 of the Convention, the Committee does not find it necessary to consider the complainant’s allegations under article 16. GE.16-13706