CAT/C/CHE/CO/7
fully in conformity with the principles relating to the status of national institutions for
the promotion and protection of human rights (Paris Principles) as soon as possible, to
strengthen the implementation of obligations under the Convention by the various
cantons. The Committee also takes note of the information indicating that insufficient
financial resources are allocated to the National Commission for the Prevention of
Torture, which was established to serve as the national preventive mechanism under
the Optional Protocol to the Convention (art. 2).
The Committee recommends that the State party expedite the process of
establishing a national human rights institution with a mandate in accordance
with the Paris Principles, and provide it with the necessary financial and hu man
resources. The State party should also provide the National Commission for the
Prevention of Torture with the resources it needs to effectively fulfil its mandate
as the national preventive mechanism.
Police violence
10. The Committee is concerned at information received to the effect that alleged
cases of excessive use of force and of racist behaviour by the police and immigration
services are not systematically reported to the authorities, even where there is medical
evidence of injury. It also notes with concern the reports indicating the lack of prompt
and effective investigations, as noted by the European Court of Human Rights in the
case of Dembele v. Switzerland (2013). In this regard, the Committee finds it
regrettable that the State party has not yet established an independent body to
investigate individual cases, despite the Committee’s repeated recommendation in its
previous concluding observations (see CAT/C/CR/34/CHE, para. 4 (g), and
CAT/C/CHE/CO/6, para. 9). The Committee also finds it regrettable that the State
party has not provided adequate statistical data at the national level concerning
allegations of violence and ill-treatment by law enforcement officers. With regard to
the data relating to the cantons of Geneva, Vaud and Zurich, it notes with concern that
a large number of cases were discontinued and that, in the few cases that resulted in
penalties being applied, these were only disciplinary sanctions (arts. 2, 12, 13 and 16).
The Committee urges the State party to:
(a) Create an independent mechanism empowered to receive complaints
relating to violence or ill-treatment by law enforcement officers and to conduct
timely, impartial and exhaustive inquiries into such complaints;
(b) Ensure that medical reports of injuries indicating ill-treatment are sent
without delay to the independent mechanism responsible for carrying out a
thorough examination;
(c) Try those suspected of acts of torture or ill-treatment and, if they are
found guilty, sentence them to punishment commensurate with the gravity of
their acts;
(d)
Ensure that victims have access to effective remedies and reparation.
Violence against women
11. The Committee welcomes the awareness-raising and other legislative measures
(see para. 5 (c) above) taken by the State party regarding violence against women.
However, the Committee remains concerned about the high number of prosecutions
for domestic violence that are dropped (70 per cent), in some cases because they are
suspended by the competent authority with the tacit agreement of the victim. In this
regard, the Committee welcomes the approval by the Federal Council of the proposal
to amend the law to make a hearing of the victim mandatory before a case can be
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