CAT/C/20/D/59/1996
page 11
author complained of having been subjected to ill-treatment consisting of
insults, threats and blows, of having been kept hooded for many hours and of
having been forced to remain naked, although she displayed no signs of
violence. The Committee considers that these elements should have sufficed
for the initiation of an investigation, which did not however take place.
8.4
The Committee also observes that when, on 3 February, the physician of
the penitentiary centre noted bruises and contusions on the author's body,
this fact was brought to the attention of the judicial authorities. However,
the competent judge did not take up the matter until 17 February and Court
No. 44 initiated preliminary proceedings only on 21 February.
8.5
The Committee finds that the lack of investigation of the author's
allegations, which were made first to the forensic physician after the first
examination and during the subsequent examinations she underwent, and then
repeated before the judge of the National High Court, and the amount of time
which passed between the reporting of the facts and the initiation of
proceedings by Court No. 44 are incompatible with the obligation to proceed to
a prompt investigation, as provided for in article 12 of the Convention.
8.6
The Committee observes that article 13 of the Convention does not
require either the formal lodging of a complaint of torture under the
procedure laid down in national law or an express statement of intent to
institute and sustain a criminal action arising from the offence, and that it
is enough for the victim simply to bring the facts to the attention of an
authority of the State for the latter to be obliged to consider it as a tacit
but unequivocal expression of the victim's wish that the facts should be
promptly and impartially investigated, as prescribed by this provision of the
Convention.
8.7
The Committee notes, as already stated, that the author's complaint to
the judge of the National High Court was not examined and that, while Court
No. 44 examined the complaint, it did not do so with the requisite promptness.
Indeed, more than three weeks passed from the time that the court received the
medical report from the penitentiary centre on 17 February 1992 until the
author was brought to court and made her statement on 13 March. On that same
date the court called for Section 2 of the National High Court to provide the
findings of the medical examinations of the author by the forensic physician
of that court, but more than two months elapsed before on 13 May they were
added to the case file. On 2 June the judge requested the court's own
forensic physician to report thereon, and this was done on 28 July. On
3 August the judge summoned the forensic physician of Court No. 2 who had
conducted the said examinations. This physician's statement was taken on
17 November. On that same date the court requested the penitentiary centre to
indicate the time at which the author had been examined in that institution
and how the injuries had developed; this information was transmitted to the
court on 23 December. Contrary to the State party's contention, as cited
in 6.4, that there had been “no tardiness or delay in the conduct of the
investigation”, the Committee considers that the above chronology shows the
investigative measures not to have satisfied the requirement for promptness in
examining complaints, as prescribed by article 13 of the Convention, a defect
that cannot be excused by the lack of any protest from the author for such a
long period.