CAT/C/52/D/503/2012
By failing to meet this obligation, the State party has also failed to fulfil its responsibility
under article 13 of the Convention to guarantee the right of the complainant to lodge a
complaint, which presupposes that the authorities provide a satisfactory response to such a
complaint by launching a prompt and impartial investigation.23
6.5
Regarding the complainant’s allegations under article 14 of the Convention, the
Committee recalls that this provision not only recognizes the right to fair and adequate
compensation, but also requires States parties to ensure that the victim of an act of torture
obtains redress. The Committee refers to its general comment No. 3 (2012), in which it
establishes that States parties should ensure that victims of torture or ill-treatment obtain
full and effective redress and reparation, including compensation and the means for as full a
rehabilitation as possible.24 Redress should cover all the harm suffered by the victim and
encompass, among other measures, restitution, compensation and guarantees of nonrepetition of the violations, taking into account the circumstances of the individual case.25 In
the case in question, the Committee has noted the complainant’s allegation that he was
admitted to hospital twice in connection with the abuse to which he was subjected and that
he is still suffering from the after-effects (see para. 2.7), but that he has not benefited from
any form of redress. In the absence of a prompt and impartial investigation, despite clear
material evidence that the complainant was the victim of acts of torture which have gone
unpunished, the Committee concludes that the State party has also failed to fulfil its
obligations under article 14 of the Convention.
6.6
Regarding the complaint under article 16, the Committee has taken note of the
complainant’s claim that he was detained from 17 to 20 October 2010 in the premises of the
criminal investigation police in a cramped room shared with some 40 other detainees; that
he was kept handcuffed for 32 hours; that he was given no food; and that he was denied
access to a physician on the first day of his detention, despite his request and his worrisome
condition. The Committee has also taken note of the complainant’s argument that he was
not informed of the charges against him, he did not have access to legal counsel and that he
was not brought before a judge at any time during his detention. The Committee concludes
that the facts disclose a violation by the State party of its obligations under article 16, read
in conjunction with article 11 of the Convention.
7.
The Committee against Torture, acting under article 22, paragraph 7, of the
Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or
Punishment, is of the view that the facts before it disclose violations of articles 1, 2 (para.
1), 12, 13, 14 and 16, read in conjunction with article 11, of the Convention.
8.
Pursuant to rule 118, paragraph 5, of its rules of procedure, the Committee urges the
State party to conduct an impartial investigation into the events in question for the purpose
of prosecuting those allegedly responsible for the victim’s treatment and to inform it, within
90 days from the date of the transmittal of this decision, of the steps it has taken in
conformity with the above views, including adequate and fair compensation encompassing
the means for as full rehabilitation as possible.
[Adopted in English, Spanish, French and Russian, the French text being the original
version. Subsequently to be issued also in Arabic and Chinese as part of the Committee’s
annual report to the General Assembly.]
23
24
25
GE.14-04314
Ibid., para. 6.6.
Official Records of the General Assembly, Sixty-eighth Session, Supplement No. 44 (A/68/44), annex
X, para. 5.
See Hammouche v. Algeria, para. 6.7 and Hanafi v. Algeria, para. 9.7.
11