CRPD/C/22/D/24/2014
8.5
As regards the author’s allegations under article 15 (1) of the Convention, the
Committee notes the author’s argument that the acts that she suffered amount to torture,
violence and abuse, which the State party has failed to effectively and promptly investigate
and punish. The Committee further notes the State party’s submission that it has taken
appropriate measures to address attacks on persons with albinism and to prosecute those
responsible, that additional measures have been taken to expedite the adjudication of cases
and that these vigorous measures have contributed to the reduction in attacks against and
killings of persons with albinism.
8.6
The Committee recalls that under article 15 (1) of the Convention, no one is to be
subjected to torture or to cruel, inhuman or degrading treatment or punishment. The
Committee also recalls that, according to article 1 of the Convention against Torture and
Other Cruel, Inhuman or Degrading Treatment or Punishment, “the term ‘torture’ means
any act by which severe pain or suffering, whether physical or mental, is intentionally
inflicted on a person for such purposes as obtaining from him or a third person information
or a confession, punishing him for an act he or a third person has committed or is suspected
of having committed, or intimidating or coercing him or a third person, or for any reason
based on discrimination of any kind, when such pain or suffering is inflicted by or at the
instigation of or with the consent or acquiescence of a public official or other person acting
in an official capacity”. The Committee further recalls that the violent acts suffered by the
author were perpetrated by private individuals, and that, as such, they cannot be seen as
constituting acts of torture. Nonetheless, the Committee also recalls that the obligation of
States parties to prevent and punish torture and other inhuman or degrading treatment
applies to acts committed by both State and non-State actors.35 Expedition and effectiveness
are particularly important in the adjudication of such cases. The Committee also considers
that the suffering experienced by the author, owing to the lack of action by the State party
in order to allow the effective prosecution of the suspected perpetrators of the crime, has
become a cause of revictimization, and as such amounts to psychological torture or illtreatment. In the light of these considerations, the Committee concludes that, in the
circumstances of the present case, the State party has violated the author’s rights under
article 15 (1) of the Convention. 36
8.7
The Committee recalls that under article 16 (4) of the Convention, States parties
must take all appropriate measures to promote the physical, cognitive and psychological
recovery, rehabilitation and social reintegration of persons with disabilities who become
victims of any form of exploitation, violence or abuse, including through the provision of
protection services, and that such recovery and reintegration must take place in an
environment that fosters the health, welfare, self-respect, dignity and autonomy of the
person and takes into account gender- and age-specific needs. The Committee observes that
at the time of the attack, the author was a 28-year-old woman, the mother of one child and
pregnant with another child. She was working as a farmer and was self-sufficient.
Nonetheless, according to the information provided by the parties, the competent authorities
have not taken any measures to provide the author with assistance for her rehabilitation and
reintegration. For these reasons, the Committee finds that, in the circumstances of the
present case, the State party has violated the author’s rights under article 16 of the
Convention.
8.8
The Committee recalls that under article 17 of the Convention, every person with
disabilities has a right to respect for his or her physical and mental integrity on an equal
basis with others. It also recalls that the right to integrity of the person is based on what it
means to be a person; it is linked to the idea of human dignity and that each person’s
physical and mental space should be protected; it includes the prohibition of physical and
mental torture and inhuman and degrading treatment and punishment, as well as a wide
range of less grave forms of interference with a person’s body and mind.37 The Committee
35
36
37
Human Rights Committee, general comment No. 20 (1992) on the prohibition of torture or other cruel,
inhuman or degrading treatment or punishment, para. 13.
See, for example, Durić v. Bosnia and Herzegovina (CCPR/C/111/D/1956/2010), paras. 9.6–9.7;
Yrusta and del Valle Yrusta v. Argentina, para. 10.8; and X v. United Republic of Tanzania,
(CRPD/C/18/D/22/2014), para. 8.6.
X v. United Republic of Tanzania, para. 8.7.
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