A/67/44
Impunity for acts of torture and ill-treatment
(18) The Committee is concerned about the numerous and consistent allegations of
torture and ill-treatment of persons deprived of their liberty, in particular by police officers.
The Committee regrets the lack of any consolidated statistics on complaints of torture,
investigations and the penalties handed down during the period covered by the State party’s
report. The Committee takes note of the statistics provided in the State party’s report
concerning disciplinary proceedings against police officers; however, it notes that the
statistics do not indicate how many of those cases have been brought to court. The
Committee is also concerned that, according to the information provided in the State party’s
report, during 2009 there were only nine complaints of torture in the State party’s prisons.
The Committee considers that the figures do not tally with the persistent allegations and
extensive documentation received from other sources concerning cases of torture and illtreatment of persons deprived of their liberty. The Committee is further concerned by the
limited effectiveness of police monitoring and supervision mechanisms and the lack of
compensation and rehabilitation services for victims of torture and ill-treatment (arts. 2, 12–
14 and 16).
The Committee recommends that the State party should:
(a)
As a matter of urgency, take immediate and effective measures to
prevent acts of torture and ill-treatment, including through the announcement of a
policy that would produce measurable results in the eradication of torture and illtreatment by State officials;
(b)
Adopt appropriate measures to ensure that all complaints of torture and
ill-treatment are promptly and impartially investigated by an independent body;
(c)
Review the efficacy of the internal complaints procedure available to
persons deprived of their liberty and consider establishing an independent complaints
procedure for all persons deprived of their liberty;
(d)
Ensure that the Public Prosecution Service conducts, of its own motion,
investigations and, if appropriate, institutes criminal proceedings whenever there are
reasonable grounds to believe that acts of torture have been committed;
(e)
Duly bring to trial alleged perpetrators of acts of torture or ill-treatment
and, if they are found guilty, sentence them to penalties commensurate with the
seriousness of their acts;
(f)
Strengthen existing mechanisms for monitoring and oversight of the
police so as to ensure independent and effective oversight;
(g)
Provide victims with appropriate compensation and direct its efforts
towards ensuring rehabilitation that is as complete as possible.
Conditions of detention and use of pretrial detention
(19) The Committee is concerned about the habitual and widespread use of pretrial
detention, which may undermine the right to presumption of innocence, rather than noncustodial measures. The Committee is also concerned by the failure to respect the
maximum legal period for pretrial detention and by the existence in the State party of
legislation that restricts the possibility of using alternatives to preventive detention. The
Committee is especially concerned by the extensive use of pretrial detention for children
aged between 16 and 18 years. The Committee notes with concern the abundant
information received from various sources on the deplorable material conditions in many of
the State party’s police stations and prisons, the overcrowding in them, the inadequate
medical services and the almost complete lack of activities for persons deprived of their
liberty. In particular, the Committee is concerned about the material conditions in the
GE.12-44492
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