CAT/C/65/D/778/2016 3.4 The complainants also claim that the State party has violated article 11 of the Convention, since it has not reviewed the arrangements for the custody and treatment of persons that made it possible for Mr. Yrusta to be disappeared following his complaints of torture. They further contend that the lack of effective judicial control over the rights and interests of persons deprived of their liberty makes it possible for transfers and other administrative measures or practices to be carried out in various provinces of the State party in a manner that escapes public scrutiny, as in Mr. Yrusta’s case. 3.5 The complainants also consider that the State party has violated article 12 of the Convention, in that, once the allegations of torture made by Mr. Yrusta and by them were known, it did not launch, ex officio, the investigations required to guarantee the right to truth and the prosecution of those responsible. This claim is supported by the fact that the State party later disregarded Mr. Yrusta’s autopsy report, which recommended that an investigation should be conducted into signs of torture and ill-treatment. These facts have still not been duly investigated. 3.6 The complainants also claim that the State party has violated article 13 of the Convention, since, despite their requests to the prison services, they did not have access to an effective remedy through which to channel their complaints. In other words, the victim was denied the opportunity to submit a complaint and, furthermore, there was no prospect of any complaints made being dealt with impartially by the State party’s competent authorities. 3.7 Lastly, the complainants claim that the refusal to grant their request for standing as private criminal plaintiffs prevented them from gaining access to information relating to the judicial proceedings initiated following the death of Mr. Yrusta, in violation of article 14 of the Convention. The complainants further claim that the State party has violated their right to ascertain the truth regarding the torture and other ill-treatment that ultimately resulted in the death of Mr. Yrusta and has denied them the right to redress. State party’s observations on admissibility and on the merits 4.1 On 21 June 2017, the State party submitted its observations on the admissibility and merits of the communication to the Committee and requested that the complaint should be declared inadmissible under article 22 (5) (b) of the Convention or, in the event that it was declared admissible, that it should be rejected on the merits. 4.2 The State party recalls that, under the Convention, domestic remedies must have been exhausted in order for a complaint to be declared admissible. It considers that, in the present case, the Committee’s intervention would clearly be premature, since the judicial investigation initiated following the death of Mr. Yrusta is still ongoing, and it cannot be argued that the proceedings have exceeded a reasonable period of time. In this connection, the State party points out that judicial proceedings have been opened in the case entitled Yrusta, Roberto Agustín re/his death before the Sixth Bench of the Santa Fe Criminal Investigation Court. The Court is actively pursuing the case and has ordered a number of measures aimed at gathering evidence to establish the circumstances of Mr. Yrusta’s death and any criminal responsibility arising therefrom. 2 Consequently, until the judiciary issues a ruling, it is impossible for either the State party or the Committee to determine whether Mr. Yrusta was indeed subjected to torture, so it would be premature for the Committee to adopt any kind of decision on the matter. 4.3 Regarding the allegations of torture of Mr. Yrusta relating to events that occurred in Reverend Father Lucchese Prison Complex No. 1, the State party attaches a report from the Córdoba Prison Service, which comes under the Ministry of Justice and Human Rights. The report contains no complaints or other claims from Mr. Yrusta concerning ill-treatment or torture of any kind. Moreover, it rejects the allegations that Mr. Yrusta was placed in buzones, or punishment cells, and that he was subjected to practices such as the dry submarine treatment, beatings, threats or other ill-treatment, and argues that Mr. Yrusta himself had asked to be placed in isolation because he was experiencing problems with 2 GE.19-01524 The State party refers to the decision of the Human Rights Committee in T.K. v. France (CCPR/C/37/D/220/1987), para. 8.3. 3

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