A/HRC/28/68/Add.3
enforced disappearances. He received disturbing testimonies about the excessive delays,
errors, lack of information, stigmatization and harassment experienced by relatives of
disappeared persons in the search for and the identification of remains, which may also
constitute ill-treatment. This applies to crimes committed both by public employees and by
private individuals.
28.
The Special Rapporteur is concerned about the use of sexual violence as a form of
torture, mainly against women detainees. Sexual torture includes forced nudity, insults and
verbal humiliation, groping of breasts and genitals, insertion of objects in the genitals and
repeated rape by multiple individuals. Few of these cases have been investigated or
punished, or else they have been classified as less serious conducts, and they present
particular challenges for victims, who are often revictimized when they file complaints or
undergo medical examinations.
29.
Generally speaking, victims of torture and ill-treatment are people who are poor or
from marginalized social sectors, a situation that exacerbates problems of stigmatization
and inadequate safeguards. The Special Rapporteur draws attention to the many cases in
which people with no apparent link to the criminal conduct under investigation report
having been detained, forced to sign statements under torture and, in some cases, sentenced
on the basis of these statements.
30.
Complaints of abusive law enforcement during demonstrations or against journalists
or human rights defenders have increased, but have not been investigated effectively. The
creation in 2012, with civil society participation, of the Protection Mechanism for Human
Rights Defenders and Journalists was a positive step, but the Mechanism needs to be
strengthened to ensure its survival and effectiveness. The police forces and the armed
forces have issued protocols regulating the conduct of law enforcement activities, but there
is no federal legislation that regulates law enforcement in accordance with international
standards. The Special Rapporteur stresses the need to address this issue as a matter of
priority, especially given the various demonstrations that have taken place recently.
31.
The right of victims of torture and ill-treatment to comprehensive redress is illusory,
since there are hardly any cases in which victims have been compensated, received medical
and psychological care or benefited from rehabilitation in accordance with international
standards. The redress recommended by the human rights commissions is insufficient and is
not generally forthcoming. By law, the person criminally responsible for the crime must
pay financial compensation, but in the prevailing climate of impunity this almost never
happens. The General Victims Act offers an excellent opportunity for progress in this area
and the Special Rapporteur calls for its implementation to be strengthened nationwide.
B.
Investigations
32.
The fact that the large number of complaints and testimonies received is not matched
by a similar number of investigations of torture and ill-treatment, still less convictions, is
evidence of a disturbing level of impunity. The Government reported only five convictions
for torture between 2005 and 2013, of which two are final and impose prison terms of 3 and
37 years respectively. The number of recommendations issued by the National Human
Rights Commission and state human rights commissions concerning cases of torture and illtreatment is also substantially lower than the number of complaints they received. In
response to 11,254 complaints of torture and ill-treatment received between 2005 and 2013,
the National Human Rights Commission has issued 223 recommendations, not one of
which has resulted in a criminal conviction. This shows that impunity extends to cases of
torture verified by the human rights commissions. With some rare exceptions, there have
also been no administrative investigations and no one has been dismissed, and many of the
alleged perpetrators remain in office.
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