CAT/C/42/D/261/2005
Page 22
criminal prosecution. In these circumstances, the Committee finds that the investigation
conducted by the authorities of the State party did not satisfy the requirements of article 12 of the
Convention. Nor has the State party fulfilled its obligation under article 13 of the Convention to
ensure that the complainant has the right to complain to, and to have his case promptly and
impartially investigated by its competent authorities.
10.8 Concerning the alleged violation of article 14 of the Convention, the Committee notes that
the scope of application of the said provision only refers to torture in the sense of article 1 of the
Convention and does not cover other forms of ill-treatment. Moreover, article 16, paragraph 1, of
the Convention while specifically referring to articles 10, 11, 12, and 13, does not mention article
14 of the Convention. Nevertheless, article 14 of the Convention does not mean that the State
party is not obliged to grant redress and fair and adequate compensation to the victim of an act in
breach of article 16 of the Convention. The positive obligations that flow from the first sentence
of article 16 of the Convention include an obligation to grant redress and compensate the victims
of an act in breach of that provision.42 The Committee is therefore of the view that the State party
has failed to observe its obligations under article 16 of the Convention by failing to enable the
complainant to obtain redress and to provide him with fair and adequate compensation.
11. The Committee, acting under article 22, paragraph 7, of the Convention, is of the view that
the facts before it disclose a violation of article 16, paragraph 1; article 12; and article 13 of the
Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment.
12. In pursuance of rule 111, paragraph 5, of its rules of procedure, the Committee urges the
State party to conduct a proper investigation into the facts that occurred on 8 June 2000,
prosecute and punish the persons responsible for those acts and provide the complainant with
redress, including fair and adequate compensation and to inform it, within 90 days from the date
of the transmittal of this decision, of the steps it has taken in response to the Views expressed
above.
[Adopted in English, French, Spanish and Russian, the English text being the original version.
Subsequently to be issued also in Arabic and Chinese as part of the Committee’s annual report to
the General Assembly.]
-----
42
Hajrizi Dzemajl et al. v. Yugoslavia, Communication No. 161/2000, Views adopted on 21
November 2002, paragraph 9.6.