A/69/44 (c) Avoid the use of restraints as much as possible or apply them as a last resort when all other non-coercive alternatives for control have failed, never as a punishment, for the shortest possible time, and after being duly recorded. Reduction in diet as a punishment should be prohibited. Prompt, thorough and impartial investigations (28) While welcoming the recent establishment of the Independent Police Complaints Board, the Committee notes with concern that the disciplinary bodies within the Army and prison system are still hierarchically connected to the officials being investigated, as acknowledged in the State report (CAT/C/SLE/1, para. 74). The Committee also considers that the function of the Attorney General as a Minister of Justice could compromise its institutional independence. The Committee is also concerned as to the independence and effectiveness of the criminal investigations into allegations of torture or ill-treatment committed by public officials, since at magistrate courts crimes are prosecuted by police prosecutors, and any private citizen may also carry out a prosecution, which can be taken over or terminated at the discretion of the Attorney General. The Committee is further concerned that the State party was unable to provide disaggregated data on complaints, investigations, prosecutions and convictions in cases of torture and ill-treatment (arts. 2, 11, 12, 13 and 16). The State party should: (a) Separate the Office of the Attorney General and that of the Minister of Justice during the constitutional review process, as recommended by the Truth and Reconciliation Commission and undertaken by the State delegation; (b) Take appropriate measures to ensure that a prompt, thorough and impartial criminal investigation is opened ex officio by a State counsel where there are reasons to believe that an act of torture or ill-treatment has been committed, bring the suspects to trial and, if found guilty, sentence them to penalties that take into account the grave nature of their acts; (c) Ensure that the disciplinary bodies of the Army and prison staff are independent and not hierarchically or functionally connected to the persons investigated and establish an independent and confidential complaint system, ensuring that prompt, impartial and independent investigations into such complaints are conducted; (d) Ensure that persons under investigation for having committed acts of torture or ill-treatment are immediately suspended from their duties and remain so throughout the investigation, subject to the observance of their own rights to a fair trial. Redress and rehabilitation for victims of torture (29) While noting the establishment in 2008 of the Sierra Leone Reparations Programme for victims of the civil war, the Committee is concerned at the limited scope of the reparations, the financial constraints of the National Trust Fund for Victims and the large number of victims that have allegedly not been registered as beneficiaries. The Committee also notes that, under criminal and civil proceedings, victims of crimes may obtain compensation and restitution for the harm suffered, but there are no rehabilitation measures, including medical treatment and social rehabilitation services, for victims of torture or illtreatment. The Committee expresses concern at the lack of information on cases in which the State party has been liable for compensation in relation to damages caused by its agents in connection with torture and ill-treatment (arts. 2 and 14). GE.14-12596 147

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