GUIDE ON ANTI-TORTURE LEGISLATION
article in conformity with any treaties on mutual judicial assistance that may
exist between them.
Article 12
Each State Party shall 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 in any territory under its
jurisdiction.
Article 13
Each State Party shall ensure that any individual who alleges he has been
subjected to torture in any territory under its jurisdiction has the right to
complain to, and to have his case promptly and impartially examined by, its
competent authorities. Steps shall be taken to ensure that the complainant
and witnesses are protected against all ill-treatment or intimidation as a
consequence of his complaint or any evidence given.
16. The Convention requires States parties to ensure a right
to complain to competent authorities and protect victims and
witnesses against reprisals
States parties must also ensure that impartial and effective complaints
mechanisms are established to enable any persons to lodge a complaint.115 This
right to complain is to be found in article 13 of the Convention.116 This right to
complain is fundamental to combat torture and ill-treatment as it enables any
person to make a complaint that will trigger a prompt and impartial examination
into the facts. This obligation is also part of the procedural aspect of the right to
redress in article 14.117
The Committee has affirmed in its General Comment N°3 that to satisfy this
obligation, States are to enact legislation.118 The Committee also addressed
the issues in several concluding observations.119 Importantly, the Committee
recommends the establishment of an independent body to investigate allegations
of torture committed by State agents, such establishment ordinarily to be enacted
through legislation.
In order to ensure this right, persons lodging a complaint shall be protected against
any form of reprisals, as clearly stated in article 13 of the Convention. Therefore
States shall take steps to “ensure that the complainant and witnesses are protected
against ill-treatment or intimidation as a consequence of his complaint or any
38
115
CAT, General Comment N°3, op. cit. 11, § 23.
116
Ibid.
117
Ibid, § 5.
118
Ibid, §§ 23 and 25.
119
CAT, Concluding observations on Germany (12 December 2011), UN Doc. CAT/C/DEU/CO/5, §§ 6
and 12; CAT, Concluding observations on Canada (25 June 2012), UN Doc. CAT/C/CAN/CO/6, § 7;
CAT, Concluding observations on Portugal (23 December 2013), UN Doc. CAT/C/PRT/CO/5-6, § 4;
CAT, Concluding observations on Switzerland (25 May 2010), UN Doc. CAT/C/CHE/CO/6, § 4.
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