CAT/C/56/D/578/2013
information or evidence that might allow the Committee to ascertain what progres s
has been made or to judge how effective the proceedings might be, bearing in mind
that the case has remained on the court’s docket for nearly three years. The Committee
finds that, under the circumstances, the inaction of the competent authorities has ma de
it unlikely that any remedy that might provide effective relief can be initiated and that,
in any event, the domestic proceedings have been unreasonably prolonged.
Accordingly, the Committee considers that it is not precluded from considering the
complaint under article 22 (5) (b) of the Convention.
6.3 In the absence of any impediment to admissibility, the Committee proceeds to its
consideration of the merits of the claims submitted by the complainant under articles
1, 2 (1), 11, 12, 13, 14 and 16 of the Convention.
Consideration of the merits
7.1 The Committee has considered the complaint in the light of all the information
made available to it by the parties in accordance with article 22 (4) of the Convention.
7.2 The Committee notes that, according to the complainant, on 15 May 2012 he was
violently assaulted by uniformed police officers armed with rifles and was then
arrested and taken to the police station located next to the SOGEMAC building
without being informed of the reasons for his arrest. Upon his arrival at the police
station, he was kicked and beaten with belts so violently for more than two hours that
he lost consciousness. The complainant was left lying on the floor without assistance,
despite his serious injuries, and was only taken to hospital, two hours after the
incident, thanks to the intervention of a friend. The Committee observes that the
treatment inflicted on the complainant was intentional, since it occurred while he was
in the hands of agents of the State party, and was of such a severity that the victim lost
consciousness and that his injuries have had lasting consequences which affect him to
this day. Furthermore, the abuse to which he was subjected was in all likelihood
intended to punish him for an act that he was thought to have committed.
7.3 The Committee has noted the State party’s argument that the actions of the police
officers were unplanned, that the officers were not acting on orders and that therefore
the acts in question cannot be classified as torture. In this regard, the Committee
observes that, according to information provided by the complainant that has not been
contested by the State party, the individuals who beat and interrogated him were
uniformed police officers armed with rifles and belts. Furthermore, the complainant
was severely beaten for two hours by police officers within the police station itself.
Based on the information provided to it, the Committee concludes that the abuse
inflicted upon the complainant was committed by agents of the State part y acting in an
official capacity and that the acts constitute acts of torture within the meaning of
article 1 of the Convention.
7.4 Having found a violation of article 1 of the Convention, the Committee will not
consider the grievances raised by the complainant, on a subsidiary basis, under article
16 of the Convention.
7.5 The complainant also invokes article 2 (1) of the Convention, under which the
State party is required to take effective legislative, administrative, judicial or other
measures to prevent acts of torture in any territory under its jurisdiction. The
Committee observes that the complainant in this case was severely beaten and then
detained without being allowed immediate contact with his family or access to legal or
medical assistance. Even though the authorities have been provided with ample
information about the acts committed against the victim, an investigation was
promptly launched the day after the events, that is, on 16 May 2012, and the case file
was submitted to the Rohero local court on 13 December 2012, the acts in question
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