CCPR/C/105/D/1303/2004
in this regard that according to the author, these inhuman conditions of detention led to Mr.
Chiti’s premature death. In the light of his cancer and his HIV-positive condition, the denial
of the necessary drugs and the torture and inhuman conditions of detention to which he was
subjected, this claim seems plausible. The Committee notes that the State party limits itself
to denying the causal link established by the author between the conditions of detention of
her husband and his death, without providing further explanation. In the absence of rebuttal
from the State party, the Committee concludes that the State party has failed to protect the
life of Mr. Chiti in violation of article 6 of the Covenant.
12.3 On the basis of the information available to it, the Committee further concludes that
the torture inflicted on Jack Chiti, his poor conditions of detention with no adequate access
to health care, the anguish he remained in for seven years before his sentence to death was
quashed as well as the absence of a prompt, thorough and impartial investigation of the
facts constitute a violation of article 7, alone and read in conjunction with article 2,
paragraph 3, of the Covenant.
12.4 The Committee also takes note of the anguish and distress caused by the arrest,
allegations of torture, poor conditions of the author’s husband and the eviction from their
home. It considers that the facts before it reveal a violation of article 7 of the Covenant with
regard to author and her family.12
12.5 Having come to this conclusion, the Committee will not address the author’s
separate allegations under article 10 of the Covenant.13
12.6 With regard to the author’s allegation that her husband’s rights under article 14,
paragraph 3 (g), have been violated, the Committee notes the author’s contention that on 10
November 1997, her husband was taken back to the police station headquarters where he
had been allegedly tortured for nine days, and was forced to make a written statement
implicating certain politicians in the alleged coup and sign the document. The Committee
notes that the State party has not refuted this claim. The Committee recalls its general
comment No. 32 on article 14 in which it insists that the right not to testify against oneself
must be understood in terms of the absence of any direct or indirect physical or undue
psychological pressure from the investigating authorities on the accused, with a view to
obtaining a confession of guilt. A fortiori, it is unacceptable to treat an accused person in a
manner contrary to article 7 of the Covenant in order to extract a confession. Domestic law
must ensure that statements or confessions obtained in violation of article 7 of the Covenant
are excluded from the evidence, except if such material is used as evidence that torture or
other treatment prohibited by this provision occurred, and that in such cases the burden is
on the State to prove that statements made by the accused have been given of their own free
will. In light of the information before it, the Committee concludes to a violation of
Mr. Chiti’s rights under article 14, paragraph 3 (g), of the Covenant.
12.7 The Committee notes the author’s allegation that, on 31 October 1997, soldiers,
police officers and State security agents forced their way into the government flat the Chiti
family was living in and took away all the family belongings. The Committee notes the
author’s claim that all the belongings, including important official documents are either
12
13
Communication No. 1588/2007, Benaziza v. Algeria, Views adopted on 26 July 2010, para. 9.6;
communication No. 107/1981, Quinteros v. Uruguay, Views adopted on 21 July 1983, para. 14;
communication No. 950/2000, Sarma v. Sri Lanka, Views adopted on 16 July 2003, para. 9.5;
communication No. 992/2001, Bousroual v. Algeria, Views adopted on 30 March 2006, para. 9.8;
communication No. 1327/2004, Grioua v. Algeria, Views adopted on 10 July 2007, para. 7.7.
Communication No. 1755/2008, El Hagog Jumaa v. Libya, para. 8.7; communication No. 1880/2009,
Nenova et al. v. Libya, Views adopted on 20 March 2012, para. 7.7; communication No. 1297/2004,
Medjnoune v. Algeria, Views adopted on 14 July 2006, para. 8.8.
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