CCPR/C/119/D/2146/2012
8.4
Secondly, as admitted by the State party, a number of the author’s complaints were
brought before the court for it to consider the allegations, for example the author’s
complaints dated 25 September 2009 and 21 October 2009. The Committee recalls that,
once a complaint about ill-treatment contrary to article 7 has been filed, a State must
investigate it promptly and impartially. Instead of conducting a prompt and impartial
investigation into the author’s claims of torture, however, the court simply questioned one
of the investigators, who denied any wrongdoing in relation to the author. The Committee
notes that the material on file does not allow it to conclude that any prompt or impartial
investigation was carried out into the allegations of torture, despite a number of verifiable
complaints from the author himself and from his aunt. In the absence of any other pertinent
information, and in the circumstances of the present case, the Committee concludes that the
facts before it disclose a violation of the author’s rights under article 7 of the Covenant,
read separately and in conjunction with article 2 (3).
8.5
Lastly, the Committee must decide whether the author’s treatment and the alleged
lack of adequate medical assistance in detention amounted to a violation of his rights under
article 10 (1). The author also complained that the court building, detention centres and
prisons were not accessible to persons with disabilities and that he was refused medical
treatment on numerous occasions.
8.6
The State party contested these allegations by stating that the author had received
medical care when he requested it and that the detention centres and prisons were provided
with the necessary personnel, equipment and facilities to treat a person with disabilities.
The records show that the author requires special medical attention, given his status as a
person with disabilities. Additionally, the author required assistance with access to toilets
and showers and treatment for his long-standing medical issues, such as constant bedsores.
8.7
In that connection, the Committee notes that the State party is under an obligation to
observe certain minimum standards of detention, which include the provision of medical
care and treatment for sick prisoners, in accordance with rule 24 of the United Nations
Standard Minimum Rules for the Treatment of Prisoners (the Nelson Mandela Rules). It is
apparent from the author’s account that the pretrial detention facilities, prisons and medical
facilities where the author was held after the trial were not suitable for a person with
disabilities who is able to move only in a wheelchair. The Committee further notes the
author’s claims that he was left alone in his cell without any meaningful activities, which
caused numerous bedsores on his body. The author could not move independently and was
not provided with continuous assistance even for his most basic needs. The Committee
further notes that, despite several examinations by the penitentiary medical specialists, he
was not able to receive medical treatment adequate to his condition and that he continued
suffering from the lack of specialized medical care and medicine that he needed. On the
basis of the information before it, the Committee finds that confining the author in such
conditions constitutes a violation of his right to be treated with humanity and with respect
for the inherent dignity of the human person under article 10 (1) of the Covenant. 33
9.
The Committee, acting under article 5 (4) of the Optional Protocol, is of the view
that the facts before it disclose a violation of the author’s rights under article 7 read alone
and in conjunction with article 2 (3), and article 10 (1) of the Covenant.
10.
In accordance with article 2 (3) (a) of the Covenant, the State party is under an
obligation to provide the authors with an effective remedy. This requires it to make full
reparation to individuals whose Covenant rights have been violated. Accordingly, the State
party is obligated, inter alia, to take appropriate steps: (a) to conduct a prompt and impartial
investigation into the authors’ allegations of torture and ill-treatment; (b) to provide the
author with adequate compensation; (c) to provide the author with appropriate medical care
and assistance considering his disability and medical condition, including permitting access
to private doctors and nurses to examine and assist the author. The State party is also under
33
12
See, for instance, communications No. 695/1993, Simpson v. Jamaica, Views adopted on 31 October
2001, para. 7.2; No. 590/1994, Bennet v. Jamaica, Views adopted on 25 March 1999, paras. 10.7-10.8;
No. 704/1996, Shaw v. Jamaica, Views adopted on 2 April 1998, para. 7.1; and No. 734/1997,
McLeod v. Jamaica, Views adopted on 31 March 1998, para. 6.4.