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.

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