A/67/44
on offenders, nor has it indicated whether or not the alleged perpetrators of these acts were
removed or expelled from public service pending the outcome of the investigation of the
complaints. In the absence of this information, the Committee finds itself once again unable
to assess the State party’s actions in the light of the provisions of article 12 of the
Convention (arts. 2, 12, 13, 14 and 16).
The Committee urges the State party to:
(a)
Ensure the prompt and impartial investigation of all complaints of
torture and ill-treatment. Such investigations should be under the responsibility of an
independent body and not subordinate to the executive branch of Government;
(b)
Launch prompt and impartial investigations spontaneously whenever
there are reasonable grounds to believe that an act of torture has been committed;
(c)
Ensure that, in cases of alleged torture and ill-treatment, suspects are
suspended from duty immediately for the duration of the investigation, particularly
when there is a risk that they might otherwise be in a position to repeat the alleged act
or to obstruct the investigation;
(d)
Bring to trial the alleged perpetrators of acts of torture or ill-treatment
and, if they are found guilty, ensure sentences with penalties that are consistent with
the gravity of their acts and that the victims receive compensation.
Independence of the judiciary and the role of lawyers
(18) The Committee notes with concern that there have been no significant changes in the
State party’s justice system since its initial report was submitted in 1997. It is particularly
concerned about the lack of independence from the executive and legislative branches
within both the judiciary and the legal profession (art. 2, para. 1).
In the light of its previous recommendation (A/53/44, para. 118 (e)), the Committee
considers it essential that legislative measures be adopted to guarantee the
independence of the judiciary. The Committee also recommends that the State party
should ensure compliance with the Basic Principles on the Role of Lawyers (Eighth
United Nations Congress on the Prevention of Crime and the Treatment of Offenders,
Havana, 27 August to 7 September 1990 [A/CONF.144/28/Rev.1], p. 118).
Psychiatric institutions
(19) The Committee notes the information provided by the State party regarding the
content of the judgement delivered by the Second Criminal Division of the People’s Court
in Havana on 31 January 2011 in the case brought against the director, deputy directors and
other employees of the Havana Psychiatric Hospital following the death of 26 patients from
hypothermia in January 2010. The Committee regrets that it has not received the
information requested about the redress and compensation measures ordered by the courts
and actually provided to the families of the victims and other patients affected. Although it
notes that the Ministry of Public Health has a plan to improve the efficiency of this
institution, the Committee has received no information on the content of the plan. Lastly,
the Committee regrets that it has received no statistical data on the number of persons with
psychosocial disabilities that are currently receiving forced medical treatment (arts. 2, 11,
14 and 16).
The Committee urges the State party to provide information about the redress and
compensation measures ordered by the courts and actually provided to the victims
and/or their families in relation to the deaths that occurred in the Havana Psychiatric
Hospital in 2010.
GE.12-44492
129
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