CAT/C/SLV/CO/2
The State party should take the necessary steps to ensure that all acts of torture,
including all the elements specified in articles 1 and 4 of the Convention, are
considered to be offences in its domestic penal legislation and that, in keeping with
article 4, paragraph 2, of the Convention, appropriate penalties are applied in every
case in the light of the serious nature of such offences.
2.
Allegations of torture
11.
The Committee is concerned that allegations of serious offences, including acts of
torture, committed by personnel of the National Civil Police and prison staff in the
performance of their duties, continue to be received, especially in the context of strategies
to combat the high level of crime. The Committee is particularly concerned that the
allegations of torture which have been received include reference to vulnerable persons
such as street children and young people or those from broken families. The Committee
also notes with concern that some possible cases of torture have been investigated, under
disciplinary rules, as abuses of power, despite their seriousness. The Committee regrets that
no independent body exists which could investigate reports of ill-treatment and torture,
contributing to a situation in which such offences go unpunished (arts. 2 and 12).
The Committee recommends that the State party should expedite legislative reforms
and set up an independent body to monitor the behaviour and discipline of the police
forces. The State party should also guarantee that no act carried out by the police
forces that violates the Convention will go unpunished and that the investigations into
such acts will be effective, transparent and carried out under criminal law.
Continuing education programmes should also be stepped up to ensure that all law
enforcement personnel are fully aware of the provisions of the Convention.
3.
Impunity and absence of prompt, thorough and impartial investigations
12.
The Committee notes with concern that widespread impunity is one of the main
reasons why torture has not been eradicated. The Committee is particularly disturbed by
reports of several cases in which serious accusations against the security forces, in
particular National Civil Police officers and prison staff, remain at the increasingly
protracted investigation stage, where those responsible have not been effectively brought to
justice, and where alleged perpetrators of crimes remain in their posts. The Committee is
also concerned that the State party has not established an independent body to safeguard the
independence of the judiciary (arts. 12, 13 and 16).
The Committee urges the State party to take steps to combat impunity, including:
(a)
A public declaration that the State party will not tolerate torture and
that those responsible for acts of torture will be brought to justice;
(b)
Prompt, thorough, impartial and effective investigation of all reports of
torture and ill-treatment committed by law enforcement personnel. In particular,
such investigations should not be in the hands or under the authority of the police or
prison staff, but an independent body. Where there is evidence of torture and illtreatment, the suspect should normally be suspended from duty or assigned to other
tasks during the investigation, especially if there is a risk that he or she may obstruct
it;
(c)
Bringing the perpetrators to justice and imposition of appropriate
penalties on those convicted, in order to eliminate the impunity of law enforcement
personnel who are responsible for violations of the Convention;
(d)
Guaranteeing the full independence of the judiciary in line with the
Basic Principles on the Independence of the Judiciary (General Assembly resolution
GE.09-46812
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