CAT/C/60/D/573/2013
notes that the mere opening of an investigation is not sufficient to satisfy the State party’s
obligations.11 In this regard, the Committee notes the complainants’ claims, uncontested by
the State party, that investigators did not order a forensic medical review of the
complainants’ medical records until March 2012, 16 months after officials first opened an
investigation into the second complainant’s allegations in November 2010, that
investigators never questioned one of the individuals that the complainants accused of
having tortured them (T.A.) and that no substantive investigative actions have been taken
with respect to their cases since March 2012. While the State party has indicated that its
investigation is continuing, it has not provided information to suggest that substantive
investigative actions have been taken since March 2012, nor any indication of when a
decision might be expected. The Committee considers that an investigation of more than six
years in duration — including a delay of more than five years since the last substantive
investigative actions occurred — does not satisfy a State party’s obligation under article 12
of the Convention to ensure a prompt and impartial investigation whenever there are
reasonable grounds to believe that an act of torture has been committed. 12
9.6
The State party has also failed in its responsibility under article 13 of the Convention
to ensure the right of the complainant to lodge a complaint, which presupposes that the
authorities will provide a satisfactory response to such a complaint by launching a prompt
and impartial investigation.13 The complainants also submit that the State party’s officials
sought to prevent them from bringing their claim to the authorities and to the Committee
and have threatened them and a member of their family. The second complainant submitted
that he was threatened by an investigator who forced him to sign testimony denying his
earlier torture claims. The complainants allege that prison officials intercepted their
complaint to the Committee, and also that their family member was attacked and threatened
by persons acting on behalf of the authorities, in response to the complainants’ actions. The
State party has not provided any information to refute this part of the communication. The
Committee therefore also finds a violation of article 13 of the Convention. 14
10.
The Committee, acting under article 22 (7) of the Convention, is of the view that the
facts before it disclose violations of article 12, and article 13 read in conjunction with
article 1, of the Convention, with regard to both complainants, and violations of article 16
(1) of the Convention with regard to the second complainant.
11.
Pursuant to rule 118 (5) of its rules of procedure, the Committee urges the State
party to conduct an impartial investigation into the incidents in question, with a view to
bringing those responsible for the victims’ treatment to justice, and to provide the
complainants with an effective remedy, including fair and adequate compensation for the
suffering inflicted, in line with the Committee’s general comment No. 2 (2008) on the
implementation of article 2 by States parties, as well as medical rehabilitation. The State
party is also under an obligation to prevent similar violations in the future. The Committee
invites the State party to inform it, within 90 days from the date of the transmittal of the
present decision, of the steps that it has taken in response to the present decision.
11
12
13
14
10
See communication No. 257/2004, Keremedchiev v. Bulgaria, decision adopted on 11 November
2008, para. 9.4.
See communication No. 8/1991, Halimi-Nedzibi v. Austria, Views adopted on 18 November 1993,
para. 13.5; or communication No. 269/2005, Ben Salem v. Tunisia, decision adopted on 7 November
2007, para. 16.7.
See, among others, communication No. 503/2012, Ntikarahera v. Burundi, decision adopted on 12
May 2014, para. 6.4.
See, among others, Ben Salem v. Tunisia, para. 16.7; or communication No. 261/2005, Osmani v.
Serbia, decision adopted on 8 May 2009, para. 10.7.