A/65/44
forces that violates the Convention will go unpunished and that the investigations into
such acts will be effective, transparent and carried out under criminal law.
Continuing education programmes should also be stepped up to ensure that all law
enforcement personnel are fully aware of the provisions of the Convention.
Impunity and absence of prompt, thorough and impartial investigations
(12) The Committee notes with concern that widespread impunity is one of the main
reasons why torture has not been eradicated. The Committee is particularly disturbed by
reports of several cases in which serious accusations against the security forces, in
particular National Civil Police officers and prison staff, remain at the increasingly
protracted investigation stage, where those responsible have not been effectively brought to
justice, and where alleged perpetrators of crimes remain in their posts. The Committee is
also concerned that the State party has not established an independent body to safeguard the
independence of the judiciary (arts. 12, 13 and 16).
The Committee urges the State party to take steps to combat impunity, including:
(a)
A public declaration that the State party will not tolerate torture and
that those responsible for acts of torture will be brought to justice;
(b)
Prompt, thorough, impartial and effective investigation of all reports of
torture and ill-treatment committed by law enforcement personnel. In particular,
such investigations should not be in the hands or under the authority of the police or
prison staff, but an independent body. Where there is evidence of torture and illtreatment, the suspect should normally be suspended from duty or assigned to other
tasks during the investigation, especially if there is a risk that he or she may obstruct
it;
(c)
Bringing the perpetrators to justice and imposition of appropriate
penalties on those convicted, in order to eliminate the impunity of law enforcement
personnel who are responsible for violations of the Convention;
(d)
Guaranteeing the full independence of the judiciary in line with the
Basic Principles on the Independence of the Judiciary (General Assembly resolution
40/146 of 13 December 1985) and establishment of an independent body to safeguard
the independence of the judiciary.
Public safety
(13) The Committee notes with concern that the State party has assigned 4,000 members
of the armed forces to police units known as Joint Task Forces, to undertake policing tasks,
such as the prevention and suppression of common crimes linked to the number of gangs,
instead of providing support to the police in its work (art. 2).
The State party should take effective steps to support the National Civil Police and
cancel programmes, even temporary ones, which authorize the army to intervene in
law enforcement activities and the prevention of ordinary crime, which should be
carried out exclusively by the police.
Enforced or involuntary disappearances during the armed conflict between 1980 and
1992
(14) The Committee welcomes the as yet limited efforts of the Inter-agency Commission
on the search for children who disappeared during the armed conflict and the plan to
restructure the Commission and redefine its functions. It also welcomes the invitation
extended by the State party to the Working Group on Enforced or Involuntary
Disappearances in 2007. However, the Committee wishes to express its concern at the
failure to provide full redress to the victims of enforced or involuntary disappearances
GE.10-44721
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