A/66/44 Complaint mechanisms and investigations; impunity (11) The Committee is deeply concerned that allegations of torture and ill-treatment by State officers are seldom investigated and prosecuted, and that there appears to be a climate of impunity resulting in the lack of meaningful disciplinary action or criminal prosecution against persons of authority accused of acts specified in the Convention (arts. 2, 11, 12, 13 and 16). In particular, the Committee is concerned about: (a) The lack of an independent and effective complaint mechanism for receiving and conducting impartial and full investigations into allegations of torture, in particular of convicted prisoners and pretrial detainees; (b) Information suggesting that serious conflicts of interest prevent the existing complaints mechanisms from undertaking effective, impartial investigations into complaints received; (c) Reports indicating that no official has been prosecuted for having committed torture and that, over the last 10 years, only four law enforcement officers have been charged with the less serious offence of “exceeding the limits of authorities” under article 182, paragraph 2, of the Criminal Code; (d) The lack of detailed information, including statistics, on the number of complaints of torture and ill-treatment made to all existing complaints mechanisms, including the National Institute for Democracy and Human Rights and the State Commission to Review Citizens’ Complaints on the Activities of Law Enforcement Agencies, and the results of those investigations, whether proceedings were initiated at the penal and/or disciplinary levels, and their outcomes. In this regard, the Committee expresses particular concern regarding the case of Bazargeldy and Aydyemal Berdyev, in which the State party has denied the authenticity of a response that the Berdyevs allege to have received from the National Institute in 2009 regarding a claim of torture they had previously submitted. The Committee urges the State party: (a) To establish an independent and effective mechanism: (i) To facilitate the submission of complaints by victims of torture and illtreatment to public authorities, including by obtaining medical evidence in support of their allegations, and to ensure in practice that complainants are protected against any ill-treatment or intimidation as a consequence of their complaint or any evidence given; (ii) To undertake prompt, thorough and impartial investigations into allegations of torture or ill-treatment by police and other public officials who carried out, ordered or acquiesced in such practices and to punish offenders; (b) To ensure that such investigations not be undertaken by or under the authority of the police, but by an independent body, and that all officials alleged to be responsible for violations of the Convention be suspended from their duties during those investigations; (c) To provide information on the number of complaints filed against public officials on torture and ill-treatment, as well as information on the results of those investigations and any proceedings undertaken, at both the penal and disciplinary levels. Statistical information, disaggregated by sex, age and ethnicity of the individual bringing the complaints, should be provided and should describe each relevant allegation and indicate the authority that undertook the subsequent investigation. This information should include specific information regarding the claim of torture in detention submitted to the National Institute by Bazargeldy and Aydyemal Berdyev, 128 GE.11-45568