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superiors and bear no responsibility for the consequences of the execution of such orders,
but must promptly report to their immediate superiors or the higher authority of those
issuing the order if they have grounds to believe that such orders are unlawful;
(b)
That the Criminal Code stipulates that an accomplice, who is defined as an
organizer, perpetrator, instigator or abettor, “shall not take responsibility for unjustified
force used by the perpetrator” and that a person who is complicit in acts of torture or who
participates in offences characterized as torture and related offences will be held criminally
responsible for his or her crime on the basis of the nature and degree of participation, which
may amount to the person who ordered the torture not being prosecuted.
13.
The State party should:
(a)
Ensure that the principle of the absolute prohibition of torture is
incorporated in its legislation and is strictly applied in practice, in accordance with
article 2 (2) of the Convention;
(b)
Ensure that national legislation specifically covers complicity in acts of
torture that provides for criminal responsibility to be established on the basis of the
nature and degree of participation in acts of torture, including with regard to the
organizer, instigator or abettor, including in cases when the persons concerned are not
public officials but acting by or at the instigation of such officials, with their consent
or acquiescence;
(c)
Ensure that the principle of command or superior responsibility for acts
of torture committed by subordinates is recognized in domestic laws;
(d)
Ensure that subordinates who refuse to obey orders that violate the
Convention are protected from reprisal and retaliation by superior officers, including
by establishing a specific protection mechanism;
(e)
Ensure that all persons found guilty of committing acts of torture are
subjected to criminal prosecution, and not only disciplinary measures, commensurate
with the gravity of the crime committed;
(f)
Ensure, in keeping with article 2 (3) of the Convention, that an order
from a superior officer may not be invoked to justify torture, and guarantee in
practice the right of all law enforcement officials, military personnel and civil servants
to refuse to execute, as subordinates, an order from their superior officers that would
result in a violation of the Convention.
Allegations of torture and ill-treatment
14.
The Committee is seriously concerned at:
(a)
Allegations of the widespread use of torture and ill-treatment, in particular in
police stations but also in other places where persons are deprived of their liberty;
(b)
Reports that in the overwhelming majority of reported cases of torture the
acts are committed in police stations, with the aim of extracting confessions or information
to be used in criminal proceedings, and sometimes result in the death in custody of the
suspects only a few hours after apprehension;
(c)
Reports that medical doctors have participated in the physical abuse of
detained persons in order to force them to confess or have denied them medical care;
(d)
The low number of investigations and prosecutions of cases of torture and illtreatment, with only 10 cases of torture brought before domestic courts between 2010 and
2015;
(e)
Reports of reprisals against victims or their relatives when they complain
about acts of torture (arts. 2, 12–13 and 16).
15.
The State party should:
(a)
Acknowledge and publicly and unequivocally condemn at the highest
level all acts of torture and ill-treatment of any persons deprived of their liberty;
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