CAT/C/HND/CO/1
page 8
Impunity and absence of prompt, thorough and impartial investigations
20. The Committee notes with concern the existence of widespread impunity, acknowledged
even by the State party, as one of the main reasons for its failure to eradicate torture. It is
particularly concerned at the absence of an independent body to investigate allegations of
ill-treatment and torture. The Committee is concerned at reports of several cases of serious
allegations against members of the National Police that remain at the investigation stage and for
which perpetrators have not effectively been brought to justice and at reports that alleged
perpetrators continue exercising their duties. Moreover, the Committee is concerned at the
killing of two environmentalists, whose perpetrators escaped from prison after being sentenced,
and at the absence of any investigation or conviction of the instigators of the crime (arts. 12, 13
and 16).
The Committee urges the State party to take swift measures to counter impunity,
including by:
(a) Ensuring prompt, thorough, impartial and effective investigations into all
allegations of torture and ill-treatment committed by law enforcement officials. In
particular, such investigations should not be undertaken by or under the authority of
the police, but by an independent body. In connection with prima facie cases of
torture and ill-treatment, the alleged suspect should as a rule be subject to suspension
or reassignment during the process of investigation, especially if there is a risk that he
or she might impede the investigation;
(b) Bringing the perpetrators to justice and imposing appropriate sentences
on those convicted in order to eliminate impunity for law enforcement personnel who
are responsible for violations prohibited by the Convention;
(c) Ensuring that an investigation is lodged against the instigators of the
murder of the two environmentalists and that they are sentenced accordingly once
identified. Furthermore, the State party should thoroughly investigate the escape
from prison of the convicted perpetrators, ensure that they serve their sentence
according to their conviction and, in general, take measures to prevent further
escapes.
Violence against women
21. The Committee notes the establishment, in 2006, of the Inter-institutional Commission on
Femicide and the Special Investigation Unit to investigate violent deaths of women within the
Public Prosecutor’s Office. It also notes the creation of a gender unit within the National Police.
Nonetheless, the Committee is very concerned at the prevalence of many forms of violence
against women and girls, including sexual abuse, domestic violence and femicide, and at the
absence of thorough investigations into the incidence of violence against women (arts. 12, 13
and 16).