CAT/C/71/D/759/2016
strength in both hands. Some of these injuries were still present at least two years after the
incident. The Committee also notes that the State party has provided a different version of
the context of his detention, qualifying the offence as damage and injury, and notes the lack
of more detailed information from the State party. The Committee considers that the
complainant’s allegations concerning the beatings he received during his arrest and transfer
and the set of circumstances in which he was held in detention, without medical attention or
water, constitute acts conducive to finding a violation of article 1 of the Convention, and for
this reason does not consider it necessary to consider separately whether a violation of article
16 also exists.
10.4 The complainant alleges a violation of article 2 of the Convention, in connection with
article 1, because the State party failed to comply with its obligation to prevent torture by
allowing him to be arrested without a prior court order, without his details having been
recorded in the detainee register and without judicial oversight of his detention. The
Committee notes that the complainant was arrested without a warrant and without any
possibility of communicating with his wife or with an independent lawyer. The Committee
recalls its conclusions and recommendations, in which it has urged the State party to take
effective measures to ensure that detainees enjoy the benefits of all fundamental safeguards
in practice from the outset of their deprivation of liberty, in line with international standards,
including, in particular, the right to receive legal assistance without delay, to be informed of
the reasons for their arrest and to have their detention registered. 27 In the light of the above
circumstances and the lack of information from the State party about these events, the
Committee considers that the State party has failed to fulfil its obligation to take effective
measures to prevent acts of torture as set out in article 2 (1) of the Convention.
10.5 The Committee also notes the complainant’s argument that article 11 of the
Convention was violated because, during his deprivation of liberty, the State party applied
neither the Istanbul Protocol nor any other manual compliant with international standards for
the prevention, identification and documentation of torture. The Committee also recalls its
concluding observations on the seventh periodic report of Mexico, in which it urged the State
party to ensure the systematic review of interrogation and arrest procedures, in accordance
with article 11.28 In the absence of information from the State party that demonstrates that
provision was made for oversight of the conditions of the complainant’s detention, the
Committee concludes that there has been a violation of article 11 of the Convention by the
State party.
10.6 With regard to articles 12 and 13 of the Convention, the Committee notes the
complainant’s allegations that no prompt, immediate and thorough investigation of the acts
of torture was carried out by the competent authorities.
10.7 The Committee recalls that article 12 of the Convention requires State parties to
ensure that its competent authorities proceed to a prompt and impartial investigation
wherever there is reasonable ground to believe that an act of torture has been committed.29 In
this regard, the Committee notes that, even though, as recorded in the medical certificates,
the complainant had visible injuries on 29 April 2013, a prompt investigation into the alleged
facts was not initiated. The State party has argued that an investigation into the offence of
injury to the complainant and damage to a vehicle was initiated against various police officers
after the case was opened on 29 April 2013, and that, on 27 October 2016, a criminal suit
was brought against the police officers named by the complainant, in which the complainant
did not take part. The State party also argued that the duty to investigate is an obligation of
means and not of result.
10.8 The Committee further recalls that an investigation is not sufficient in itself to
demonstrate the State party’s conformity with its obligations under article 12 of the
Convention: it also requires that the investigation should be prompt and impartial.30 It recalls
that promptness is essential both to ensure that the victim does not continue to be subjected
27
28
29
30
14
CAT/C/MEX/CO/7, para. 15.
Ibid., para. 17.
Ramírez Martínez et al. v. Mexico, para. 17.7.
See, inter alia, the Committee’s decision in Evloev v. Kazakhstan, paras. 9.4 and 9.5.
GE.21-13347