CAT/C/71/D/858/2018
the right in question becomes irreversible, in violation of the victims’ right to know the truth
and to obtain redress.51
7.
The Committee, acting under article 22 (7) of the Convention, concludes that the facts
before it disclose violations of articles 2 (1), 11, 12, 13 and 14, read in conjunction with
article 1, in respect of A.H. and of articles 12, 13 and 14, read in conjunction with article 16,
in respect of B.N.
8.
As the State party has not responded to the Committee’s requests to submit its
observations on the present complaint, thereby refusing to cooperate with the Committee and
preventing it from considering the complaint effectively, the Committee, acting under article
22 (7) of the Convention, decides that the facts before it constitute a violation by the State
party of article 22 of the Convention.
9.
In accordance with rule 118 (5) of its rules of procedure, the Committee urges the
State party to: (a) open an impartial and exhaustive investigation into the circumstances of
A.H.’s disappearance; (b) prosecute, try and punish the perpetrators of the violations
committed; (c) provide compensation and rehabilitation to A.H., if he is still alive, and to the
complainant, as B.N. is deceased; and (d) inform the complainant, within 90 days of the date
of transmittal of the present decision, of the steps taken in conformity with the above Views.
51
GE.21-12084
Ibid.
11