CAT/C/TCD/CO/1
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Impunity
22.
The Committee expresses serious concern about:
(a) The fact that credible allegations of acts of torture and ill-treatment are rarely the
subject of investigations or judicial proceedings and that the perpetrators are rarely convicted or,
when they are, are given light sentences that do not reflect the seriousness of their crimes;
(b) The climate of impunity for the perpetrators of acts of torture, including for members
of the armed forces, the police, the National Security Agency, the former Documentation and
Security Directorate and other State bodies, particularly when these are highly placed officials
who reportedly planned, ordered or perpetrated acts of torture, notably during the regime of
Hissène Habré or during the armed conflicts in 2006 and 2008;
(c) The fact that the judicial investigation under way since October 2000 into the alleged
accomplices of Hissène Habré has still not been the subject of any procedural action or judicial
decision;
(d) The absence of any measures to protect the complainant and witnesses from
ill-treatment or intimidation once they have filed a complaint or statement, which means that
only a small number of complaints are filed for acts of torture or cruel, inhuman or degrading
treatment (arts. 12 and 13).
The State party should demonstrate firm commitment to eliminating the persistent
problem of torture and impunity. It should:
(a) Publicly and unambiguously condemn the use of all forms of torture,
addressing in particular members of the forces of law and order, the armed forces
and prison staff, and including in its statements clear warnings that any person
committing such acts, participating in them or acting as an accomplice shall be held
personally responsible before the law and shall be liable to criminal penalties;
(b) Take immediate steps to ensure that in practice all allegations of torture
and ill-treatment are the subject of prompt, impartial and effective investigations and
that those responsible - law enforcement personnel and others - are prosecuted and
punished. Investigations should be conducted by a fully independent body;
(c) In prima facie cases of torture, suspects should be systematically and
immediately suspended from duty for the duration of the investigation, particularly if
there is a risk that they might otherwise be in a position to obstruct the investigation;
(d) Ensure that, in practice, complainants and witnesses are protected from
any ill-treatment and acts of intimidation related to their complaint or testimony.
Non-refoulement
23. The Committee is concerned at the absence of a legislative framework regulating
expulsion, refoulement and extradition consistent with the requirements of article 3 of the