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.

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