The State party should promptly, thoroughly and impartially investigate all allegations of acts of torture
or cruel, inhuman or degrading treatment or punishment by law-enforcement personnel and bring
perpetrators to justice, in order to fulfil its obligations under article 12 of the Convention. The State
party should also provide the Committee with information on the ongoing investigations and prosecution
relating to the above-mentioned case.
(26)
The Committee is concerned by reliable reports of acts of torture or cruel, inhuman and degrading treatment or
punishment committed by certain members of the State party’s military or civilian personnel in Afghanistan and Iraq. It
is also concerned that the investigation and prosecution of many of these cases, including some resulting in the death of
detainees, have led to lenient sentences, including of an administrative nature or less than one year’s imprisonment
(art. 12).
The State party should take immediate measures to eradicate all forms of torture and ill-treatment of
detainees by its military or civilian personnel, in any territory under its jurisdiction, and should
promptly and thoroughly investigate such acts, prosecute all those responsible for such acts, and ensure
they are appropriately punished, in accordance with the seriousness of the crime.
(27)
The Committee is concerned that the Detainee Treatment Act of 2005 aims to withdraw the jurisdiction of the
State party’s federal courts with respect to habeas corpus petitions, or other claims by or on behalf of Guantánamo Bay
detainees, except under limited circumstances. The Committee is also concerned that detainees in Afghanistan and Iraq,
under the control of the Department of Defense, have their status determined and reviewed by an administrative process
of that department (art. 13).
The State party should ensure that independent, prompt and thorough procedures to review the
circumstances of detention and the status of detainees are available to all detainees, as required by
article 13 of the Convention.
(28)
The Committee is concerned at the difficulties certain victims of abuses have faced in obtaining redress and
adequate compensation, and that only a limited number of detainees have filed claims for compensation for alleged
abuse and maltreatment, in particular under the Foreign Claims Act (art. 14).
The State party should ensure, in accordance with the Convention, that mechanisms to obtain full
redress, compensation and rehabilitation are accessible to all victims of acts of torture or abuse,
including sexual violence, perpetrated by its officials.
(29)
The Committee is concerned at section 1997 e (e) of the 1995 Prison Litigation Reform Act which provides
“that no federal civil action may be brought by a prisoner for mental or emotional injury suffered while in custody
without a prior showing of physical injury” (art. 14).
The State party should not limit the right of victims to bring civil actions and amend the Prison
Litigation Reform Act accordingly.
(30)
The Committee, while taking note of the State party’s instruction number 10 of 24 March 2006, which provides
that military commissions shall not admit statements established to be made as a result of torture in evidence, is
concerned about the implementation of the instruction in the context of such commissions and the limitations on
detainees’ effective right to complain. The Committee is also concerned about the Combatant Status Review Tribunals
and the Administrative Review Boards (arts. 13 and 15).
The State party should ensure that its obligations under articles 13 and 15 are fulfilled in all
circumstances, including in the context of military commissions and should consider establishing an
independent mechanism to guarantee the rights of all detainees in its custody.
72
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