CAT/C/59/D/606/2014
13.9 With regard to the complaint under article 16 of the Convention, the Committee has
taken note of the complainant’s claim that the various forms of abuse to which he was
subjected in the course of the judicial proceedings, including the deplorable sanitary
conditions in which he was detained during his initial months in Salé prison in Rabat,
amount to inhuman and degrading treatment. The Committee also takes note of the
allegations that the complainant spent the night handcuffed to a large door with iron bars,
that he was kicked and verbally abused by guards whenever he attempted to change
position, and that access to a doctor, his lawyer and his wife was restricted for several
weeks. The complainant also claims to have been placed in solitary confinement for four
months as of 18 November 2010, to have been kept in a cell for three months, to have been
denied out-of-cell exercise, and to have been unable to communicate with other detainees
other than through the window. In the absence of any relevant information from the State
party in this regard, the Committee concludes that the facts reveal a violation by the State
party of its obligations under article 16 of the Convention. 24
14.
The Committee, acting under article 22 (7) of the Convention, decides that the facts
before it reveal a violation by the State party of articles 1 and 12 to 16 of the Convention.
15.
Pursuant to rule 118 (5) of its rules of procedure, the Committee urges the State
party to: (a) provide the complainant with fair and adequate compensation, including the
means for the fullest rehabilitation possible; (b) initiate a thorough and impartial
investigation into the incidents in question, in full conformity with the guidelines of the
Manual on the Effective Investigation and Documentation of Torture and Other Cruel,
Inhuman or Degrading Treatment or Punishment (Istanbul Protocol), with a view to
bringing those responsible for the victim’s treatment to justice; (c) refrain from any form of
pressure, intimidation or reprisals likely to harm the physical and moral integrity of the
complainant and his family, which would otherwise constitute a violation of the State
party’s obligations under the Convention to cooperate with the Committee in good faith in
the implementation of the provisions of the Convention, and to enable the complainant to
receive visits from his family in prison; and (d) to inform it, within 180 days from the date
of transmittal of this decision, of the steps it has taken in response to the views expressed
above.
24
GE.17-06158
See Niyonzima v. Burundi, para. 8.8.
15