CAT/C/ARM/CO/4
an equivalent or even superior position in another service, with a view to avoiding
prosecution, as well as at the existing institutional and operational shortcomings that
reportedly preclude the effective investigation into and prosecution of complaints of torture
and ill-treatment, including:
(a)
The allegedly very high burden of proof required to pursue an investigation;
(b)
The delays in conducting relevant medical examinations, leading to the
disappearance of important evidence; allegedly, such delays are often deliberate and are
intended to ensure that a criminal investigation cannot be initiated;
(c)
The involvement of the Special Investigation Service in investigating
allegations of ill-treatment only once a criminal case is formally initiated, and not
automatically upon the reporting of such allegations;
(d)
The delegation of collection of evidence by the Special Investigation Service
to police officers;
(e)
The corruption in the judiciary (arts. 2, 11, 12, 13 and 16).
18.
The State party should take effective measures to eradicate torture and illtreatment and to effectively investigate, prosecute and punish such acts, inter alia, by:
(a)
Ensuring prompt medical examination of alleged victims of torture or illtreatment, with a view to recording their injuries accurately and securing important
evidence for any subsequent investigation;
(b)
Ensuring that the standards of proof applied are appropriate and
reasonable when determining whether a criminal investigation into an alleged act of
torture or ill-treatment should be pursued;
(c)
Reinforcing the measures aimed at preventing and combating corruption
in the judiciary that may hinder the effective investigation, prosecution and
punishment for acts of torture and ill-treatment;
(d)
Strengthening the investigative capacity and the independence of the
Special Investigation Service, with a view to ensuring that all complaints of torture
and ill-treatment, including any such allegations made by persons deprived of their
liberty, are immediately referred to it, and that all allegations of torture or illtreatment are promptly, impartially, thoroughly and effectively investigated, that
suspected perpetrators are duly tried and, if found guilty, are punished in a manner
that is commensurate with the gravity of their acts; and that the Special Investigation
Service publicly reports not only on the investigations initiated but also on the
outcomes of prosecutions;
(e)
Ensuring, without prejudice to the presumption of innocence, that all
persons under investigation for having perpetrated torture or ill-treatment are
immediately suspended from their duties for the duration of the investigation.
Excessive use of force during demonstrations
19.
With reference to its previous concluding observations (see CAT/C/ARM/CO/3,
para. 20), the Committee remains concerned that, despite the initiation of criminal cases for
causing death by negligence and for the unlawful intentional deprivation of life, no progress
appears to have been made in investigating the 10 deaths that occurred as a result of
excessive and indiscriminate use of force by police forces in connection with the protests
held in March 2008, nor in investigating allegations of arbitrary detention, denial of access
to a lawyer of choice and ill-treatment in custody committed in the immediate aftermath of
the violence (arts. 12, 13 and 16).
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