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39.
Great care should be taken to ensure that persons who may have been the victims of
ill-treatment by public officials are not dissuaded from lodging a complaint. For example, the
potential negative effects of a possibility for such officials to bring proceedings for
defamation against a person who wrongly accuses them of ill-treatment should be kept under
review. The balance between competing legitimate interests must be evenly established.
Reference should also be made in this context to certain points already made in paragraph 28.
40.
Any evidence of ill-treatment by public officials which emerges during civil
proceedings also merits close scrutiny. For example, in cases in which there have been
successful claims for damages or out-of-court settlements on grounds including assault by
police officers, the CPT has recommended that an independent review be carried out. Such a
review should seek to identify whether, having regard to the nature and gravity of the
allegations against the police officers concerned, the question of criminal and/or disciplinary
proceedings should be (re)considered.
41.
It is axiomatic that no matter how effective an investigation may be, it will be of
little avail if the sanctions imposed for ill-treatment are inadequate. When ill-treatment has
been proven, the imposition of a suitable penalty should follow. This will have a very strong
dissuasive effect. Conversely, the imposition of light sentences can only engender a climate of
impunity.
Of course, judicial authorities are independent, and hence free to fix, within the
parameters set by law, the sentence in any given case. However, via those parameters, the
intent of the legislator must be clear: that the criminal justice system should adopt a firm
attitude with regard to torture and other forms of ill-treatment. Similarly, sanctions imposed
following the determination of disciplinary culpability should be commensurate to the gravity
of the case.
42.
Finally, no one must be left in any doubt concerning the commitment of the State
authorities to combating impunity. This will underpin the action being taken at all other
levels. When necessary, those authorities should not hesitate to deliver, through a formal
statement at the highest political level, the clear message that there must be “zero tolerance”
of torture and other forms of ill-treatment.
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