CAT/C/52/D/478/2011
recognized the competence of the Committee to receive and consider complaints from
individuals who claim to be victims of violations of one or other of the provisions of the
Convention. In the circumstances, the Committee considers that it is not precluded by the
requirements of article 22 of the Convention from examining the question of whether or not
the complainant is a victim of violations of the Convention on the merits.
10.4 The Committee also takes note of the State party’s argument that the communication
should be declared inadmissible on the grounds that it was submitted in abuse of the right
of submission, because the complainant appeared to be seeking a review of his verdict and
sentence. The Committee observes that, under article 15 of the Convention, the State party
has accepted the obligation of ensuring that any statement that is established to have been
made as a result of torture shall not be invoked as evidence in any proceedings, and
therefore the submission by the complainant relates to the merits of his allegations under
article 15 of the Convention. In the circumstances, the Committee considers that it is not
precluded, by the requirements of article 22, paragraph 2, of the Convention, from
examining the present communication.
10.5 The Committee takes note of the complainant’s allegation that the State party
violated its obligations under article 4 of the Convention. However, the Committee is of the
opinion that the author has failed to substantiate such a claim for the purposes of
admissibility.
10.6 The Committee further takes note of the complainant’s allegations that he was not
provided with a lawyer at the time of his arrest, initial detention and initial interrogation,
that immediately after his arrest and while in the temporary confinement ward he was
subjected to beatings, and that he was denied medical assistance. The Committee observes,
however, that the above-mentioned allegations do not appear to have been raised before the
domestic authorities, and therefore declares them inadmissible under article 22, paragraph
5 (b), of the Convention.
10.7 The Committee considers that the complainant’s remaining allegations raise issues
under articles 1, 12, 13, 14 and 15 of the Convention, and accordingly declares them
admissible and proceeds to their examination on the merits. The Committee also notes that
the facts in the communication could raise issues under article 16 of the Convention.
Consideration of the merits
11.1 The Committee has considered the communication in the light of all the information
made available to it by the parties concerned, in accordance with article 22, paragraph 4, of
the Convention.
11.2 The Committee notes the claim that the complainant was subjected to torture, as
defined by article 1 of the Convention. It notes that some of the facts relating to the
complainant’s prolonged detention in the temporary confinement ward are not disputed by
the State party, namely that the complainant was held in the temporary confinement ward
from 14 December 2000 to 2 April 2001 and again from 25 June 2001 to 24 July 2001, that
he was not provided with bedding or toiletry items, that there was no table, toilet or sink in
the cell, that showers were seldom allowed and then only with cold water, and that no
walks outside the cell were allowed. The Committee also notes that the State party has
disputed other allegations made by the complainant, namely that there were insects in the
cell, that the light was always on, that there was no ventilation and that he was only fed
once a day. The Committee observes that the conditions in which the complainant was
detained for a prolonged period of time do not appear to have caused “severe pain and
suffering” within the meaning of article 1, paragraph 1, of the Convention. However, the
Committee considers that, even without taking the disputed facts into consideration, the
8