CAT/C/46/D/341/2008 nature of the complainant’s allegations. The Committee reaffirms that, within the framework of the procedure for individual communications set out in article 22, the State party is required to cooperate with the Committee in good faith and refrain from taking any action that might hinder this process, that it is obliged to take all necessary measures to guarantee the right of every individual to have access to the procedure under article 22, and that such access should in no circumstances be restricted or withdrawn and should be exercised freely. In this case, methods consisting of questioning former fellow detainees of the victim and the complainant herself, with the aim of persuading them to withdraw their previous statements to the Committee, constitute unacceptable interference in the procedure set out in article 22 of the Convention. 9.9 The Committee wishes to recall its concluding observations to Algeria at its fortieth session,12 in which it considered that the State party should amend article 45, chapter 2, of Order No. 06-01 to specify that waivers of prosecution do not apply under any circumstances to crimes such as torture. The State party should immediately take all necessary measures to guarantee that cases of torture or ill-treatment are investigated systematically and impartially, the perpetrators of such acts are prosecuted and punished in a manner commensurate with the gravity of the acts committed and the victims and their dependents are adequately compensated. The Committee has drawn the attention of the State party to paragraph 5 of its general comment No. 2 (2007) in which it considers that amnesties or other impediments which preclude or indicate unwillingness to provide prompt and fair prosecution and punishment of perpetrators of torture or ill-treatment violate the principle of non-derogability. The Committee thus rejects the State party’s argument that the complainant cannot invoke that Order and its implementing legislation to absolve herself from initiating the available judicial proceedings, as the obligation is not on the alleged victims but on the State party to eliminate any impediment to the proper functioning of the prosecution. Finally, the Committee reminds the State party that the fact that victims cannot file complaints in respect of actions taken to protect persons and property, safeguard the nation and preserve the institutions of the State party constitutes an amnesty in the meaning of paragraph 5 of its general comment No. 2 (2007). 10. The Committee against Torture, acting under article 22, paragraph 7, of the Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment, considers that the facts before it disclose a violation of articles 1, 2, paragraph 1, 11, 12, 13 and 14 of the Convention. 11. Pursuant to rule 112, paragraph 5, of its rules of procedure, the Committee urges the State party to conduct an impartial investigation into the incidents in question, with a view to bringing those responsible for the victim’s treatment to justice, and to inform it, within 90 days from the date of the transmittal of this decision, of the steps it has taken in response to the views expressed above, including compensation of the complainant. [Adopted in English, French and Spanish, the French text being the original version. Subsequently to be issued also in Arabic, Chinese and Russian as part of the Committee’s annual report to the General Assembly.] 12 16 CAT/C/DZA/CO/3, para. 11. GE.11-43885