CAT/C/52/D/366/2008
Service re-examined the information contained in the file and interviewed some of the
persons and authorities involved or present when the facts of the complaint took place, who
confirmed the statements or opinions initially given to the Office of the Prosecutor.
9.4
Based on a reading of the dismissal decision of the Office of Prosecutor No. 2 of
Comodoro Rivadavia dated 15 April 2004 and the report of the representatives of the Public
Prosecution Service on the request to reopen the case dated 9 October 2006, in addition to
the reports of the judicial investigation police dated 6 and 20 November 2006, the
Committee understands that the decision to dismiss the author’s complaint was not based
solely on the medical reports on the author’s state of health, but also on evidence, reports
and statements obtained from various sources, including persons, such as the firefighter
who came to the author’s assistance and other detainees who were in the same unit, who
had no apparent conflict of interest, which concurred. Furthermore, the Committee
considers that, given the contradictions between the medical and psychological reports on
the state of the author’s mental health, these reports do not constitute fully convincing
evidence that could help clarify the question of who was responsible for the facts of the
complaint. In these circumstances, the Committee considers that it is not able to conclude,
based on the information contained in the file, that the investigation into the facts that took
place on 17 November 2003 lacked the impartiality required under articles 12 and 13 of the
Convention. Consequently, the Committee finds that it is not possible to conclude from the
information in the file that the author was the victim of treatment that was in violation of
the obligations contained in the Convention in relation to those facts.
10.
The Committee against Torture, acting under article 22, paragraph 7, of the
Convention, finds that the facts before it do not indicate a violation of the Convention
against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment.
[Adopted in English, French, Spanish and Russian, the Spanish text being the original
version. Subsequently to be issued also in Arabic and Chinese as part of the Committee’s
annual report to the General Assembly.]
GE.14-06259
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