CCPR/C/115/D/2077/2011
that the author signed a power of attorney on 19 May 2011 authorizing TRIAL to represent
him. The Committee thus considers that the author’s claims are sufficiently substantiated
for purposes of admissibility and that they should be considered on their merits.
7.5
As all admissibility requirements have been met, the Committee declares the
communication admissible and proceeds to its consideration of the merits.
Consideration of the merits
8.1
The Committee has considered the present communication in the light of all the
information made available to it, as provided under article 5 (1) of the Optional Protocol.
8.2
The Committee takes note of the author’s unrefuted allegations that he was tortured
by police officers during his detention on 18 July 2007. On the basis of the information at
its disposal, including three medical reports and the decisions of three domestic courts
recognizing that torture had been inflicted on the author, the Committee finds that the
treatment to which the author was subjected by police officers, with the aim of intimidating
him and with lasting consequences, amounts to a violation of article 7 of the Covenant.
8.3
The Committee takes note of the authors’ allegations under article 9 (1), (2) and (5)
that he was arrested and detained on 18 July 2007 without an arrest warrant; that he was
never informed of the reason of his arrest or of the charges against him; and that he was
never awarded compensation for his unlawful detention. In the absence of a response from
the State party in this regard, the Committee considers that the arrest and detention of the
author constitutes a violation of his rights under article 9 (1), (2) and (5) of the Covenant.
8.4
Regarding the complaint under article 10 (1), the Committee reiterates that persons
deprived of their liberty may not be subjected to any hardship or constraint other than that
resulting from the deprivation of liberty and that they must be treated with humanity and
respect for their dignity. In view of the undisputed allegations concerning the fact that the
author was denied medical treatment for his injuries while in detention on 18 July 2007,
that no food or water were provided to him for more than 20 hours, and that he was
detained in crowded and unhealthy conditions, and in the absence of information or
challenges from the State party in that regard, the Committee finds a violation of article 10
(1) of the Covenant.21
8.5
With regard to the alleged violation of article 17, the Committee notes the author’s
claims that, as a consequence of the violations committed against him and his quest for
justice and redress, his family life has been arbitrarily interfered with and that his entire
family has been subject to repeated threats and harassment. The Committee further notes
the author’s claim that in February 2011, he and his wife were beaten in their home in front
of their daughter, detained and subjected to ill-treatment by the police in an event related to
the complaint the author had filed against the police. The author further states that in July
2011, Ms. S. was slapped and beaten and handcuffed in a police cell, and that as a result of
the police harassment, he and his wife suffer from an anxiety disorder. The State party
disputes the author’s version of the arrest in February 2011, but otherwise does not address
the above facts other than to state that after the February 2011 incident, Mr. and Ms. S.
were neither harassed nor threatened. The Committee concludes that the conduct of the
21
14
and criminalizing torture. It recommended that the State party adopt legislation defining and
prohibiting torture with sanctions and remedies commensurate with the gravity of the crime, in
accordance with international standards. See CCPR/C/NPL/CO/2, para. 10.
See general comment No. 21 (1992) on humane treatment of persons deprived of their liberty, para. 3;
and communications No. 1779/2008, Mezine v. Algeria, Views adopted on 25 October 2012,
para. 8.8; and No. 1134/2002, Gorji-Dinka v. Cameroon, Views adopted on 17 March 2005, para. 5.2.