CAT/C/52/D/402/2009
withdrawing the complaint; and that, on 31 March 2011, the complainant finally decided to
proceed with his complaint before the Committee. The Committee cannot help but take
note of the mysterious circumstances surrounding the complainant’s requests to withdraw
his complaint, followed by his request to resume the procedure, and the State party’s lack of
cooperation regarding the submission of observations on the admissibility and merits of the
case. The Committee reaffirms that, within the framework of the procedure for individual
communications set out in article 22, the State party is called on to cooperate with the
Committee in all good faith and to refrain from taking any action that might constitute a
hindrance. The Committee wishes to remind the State party of its obligations under article
22, and regrets that its correspondence was limited to requests for confirmation as to
whether the complainant had withdrawn his complaint, and therefore shed no light on the
violations suffered by the complainant.
12.
The Committee against Torture, acting under article 22, paragraph 7, of the
Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or
Punishment, finds that the facts before it discloses a violation of articles 1; 2 (para. 1), read
in conjunction with article 1; 11; 12, read alone and in conjunction with articles 6 and 7; 13;
14; and 15 of the Convention.
13.
Pursuant to rule 118, paragraph 5, of its rules of procedure (CAT/C/3/Rev.6), the
Committee urges the State party to conduct an impartial investigation into the incidents in
question, with a view to bringing to justice those responsible for the complainant’s
treatment, and to inform it, within 90 days of the date of the transmittal of this decision, of
the steps it has taken in response to the views expressed above, including compensation for
the complainant.
[Adopted in English, French, Spanish and Russian, the French text being the original
version. Subsequently to be issued in Arabic and Chinese as part of the Committee’s annual
report to the General Assembly.]
GE.14-05037
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