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 3

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