CAT/C/NIC/CO/1
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Committee further expresses its concern at the fact that, despite the increase in the number of
complaints by citizens, the outcome of 68 per cent of investigations of human rights violations
by public officials has been negative and only 4 per cent of them have been referred to the Public
Prosecutor’s Office for the initiation of criminal proceedings, according to the additional
information provided by the State party. The Committee considers that the almost total absence
of criminal sanctions may constitute an obstacle to the implementation of the Convention
(arts. 12 and 13).
The State party should adopt all necessary measures to ensure the immediate and
impartial investigation of any complaints of torture or other cruel, inhuman or
degrading treatment or punishment and to implement the necessary investigations
and sanctions in order to prevent and combat impunity in the face of serious
violations of the Convention. The Committee requests the State party to provide
detailed statistical data, disaggregated by offence, ethnic origin and sex, in its next
periodic report on complaints of acts of torture or ill-treatment allegedly committed
by law enforcement officers and on the relevant investigations, the judgements
reached and the criminal sentences or disciplinary sanctions imposed in each case. It
also requests information on any redress, including rehabilitation or compensation,
accorded to the victims.
Independent inspection
12. The Committee takes note of the information contained in paragraphs 83 and 86 of the
State party’s report, which indicates that both the Office of the Human Rights Procurator and
Criminal Enforcement Judges are entitled to inspect detention centres. The Committee is,
however, concerned by reports that the inspection of such centres is inadequate and that
non-governmental organizations (NGOs) have difficulty in obtaining access (art. 2).
The Committee urges the State party to ensure that there is an effective system for
inspecting detainees’ detention conditions and treatment and, in particular, to extend
the mandate of the Procurator for Prisons to include visits to migrant custody
centres, military prisons and psychiatric hospitals and to facilitate access by NGOs to
such places. The Committee requests that information be provided in the next report
on the number of visits made, complaints received from detainees and the outcome
thereof.
Prevention of torture and other cruel, inhuman or degrading treatment or punishment and
fundamental guarantees
13. The Committee expresses its concern about the way in which the right to a defence is
realized in practice, given that, according to paragraph 34 of the report, most detainees do not
have the financial means to pay for a private lawyer and therefore use the services of an
officially appointed defender, of whom there seem to be very few, at State expense (arts. 2
and 16).