Примеры использования Act of torture has been committed на Английском языке и их переводы на Русский язык
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Whenever there is a possibility orgrounds for believing that an act of torture has been committed, investigations and inquiries are ordered.
The Committee notes that States parties are required to proceed to a prompt andimpartial investigation whenever there is reasonable ground to believe that an act of torture has been committed.
Accordingly, if it is alleged that an act of torture has been committed in New Zealand, in normal circumstances the investigation would be undertaken by the Police.
Please provide information on the non-judicial investigations, in particular disciplinary ones,that commonly take place in cases where there is reasonable ground to believe that an act of torture has been committed.
Whenever there are reasonable grounds,including credible evidence, that an act of torture has been committed, States should conduct an investigation, irrespective of whether a complaint has been filed.
Please provide information on existing guarantees to ensure the impartiality of the administrative andjudicial inquiries undertaken when there is reasonable ground to believe that an act of torture has been committed.
The police are duty bound to carry out a prompt andimpartial investigation whenever there is reasonable ground to believe that an act of torture has been committed or when a complaint is made alleging that a person has been subjected to or is being subjected to torture. .
In the circumstances, the Committee reiterates that article 12 of the Convention requires the State party to proceed to a prompt andimpartial investigation whenever there is reasonable ground to believe that an act of torture has been committed.
In addition, the State party should ensure that where there is reasonable ground to believe that an act of torture has been committed, impartial and effective investigations should be launched immediately, even in cases where a commanding officer considers that the allegation is not well-founded.
The basic rules relating to a prompt andimpartial investigation proceeded to by the competent authorities when there is reasonable ground to believe that an act of torture has been committed, have been incorporated into the CPC(arts. 241- 264).
Introduce provisions into its legislation on the inadmissibility of evidence obtained through torture, except in the case of acts carried out against the perpetrator of torture in order to prove that an act of torture has been committed;
A national mechanism should be set up with extensive powers to carry out swift and impartial investigations,where there are reasonable grounds to suppose that an act of torture has been committed in territory subject to the jurisdiction of the State, and torture cases should be classified as urgent cases.
The Committee considers that so long a delay in initiating an investigation into allegations of torture is patently unjustified and clearly breaches the State party's obligations under article 12 of the Convention, which requires it to proceed to a prompt andimpartial investigation wherever there is reasonable ground to believe that an act of torture has been committed.
The Committee reiterated that article 12 of the Convention requires a State party to proceed to a prompt andimpartial investigation whenever there is reasonable ground to believe that an act of torture has been committed and considered that the State party had failed to fulfil its obligations under article 12 of the Convention.
The State party should revise the Code of Criminal Procedure to include clear provisions on the obligation of the competent authorities to systematically launch objective and impartial investigations, without consultation and without first receiving a complaint from the victim,whenever there are reasonable grounds for believing that an act of torture has been committed.
These provisions are not consistent with the obligation of every State party to conduct an impartial investigation wherever there is reasonable ground to believe that an act of torture has been committed in any territory under its jurisdiction, to prosecute the perpetrators of such acts and to compensate the victims arts. 12, 13 and 14.
The Committee considers that so long a delay in initiating an investigation into allegations of torture is patently unjustified and clearly breaches the State party's obligations under article 12 of the Convention, which requires it to proceed to a prompt andimpartial investigation wherever there is reasonable ground to believe that an act of torture has been committed.
The State party should consider abandoning the system which gives the Attorney General discretion to decide whether or not to prosecute,even in cases in which there is reasonable ground to believe that an act of torture has been committed, as well as the discretion given to the police to prosecute alleged perpetrators on the basis of public interest.
The Committee considers that a delay of 23 months before an investigation is initiated into allegations of torture is excessive and does not meet the requirements of article 12 of the Convention, which requires the State party to proceed to a prompt andimpartial investigation whenever there is reasonable ground to believe that an act of torture has been committed.
The State party should launch prompt and impartial investigations spontaneously andsystematically wherever there is reasonable ground to believe that an act of torture has been committed, including in the event of the death of a detainee.
The State party should consider abrogating the system of discretionary prosecution in order to comply with article 12 of the Convention and to remove all doubt regarding the obligation of the competent authorities to institute, systematically and on their own initiative, without a prior complaint from the victim, objective andimpartial inquiries wherever there is reasonable ground to believe that an act of torture has been committed.
The State party should take appropriate steps to include torture in the list of crimes for which the judicial police is solely responsible and ensure that a prompt andimpartial investigation is initiated in all cases where there are grounds for believing that an act of torture has been committed in any territory under its jurisdiction.
Both the Declaration on the Protection of All Persons from Being Subjected to Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment and the Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment establish an obligation for the State to carry out an impartial investigation, even if there has been no formal complaint,where there is reasonable ground to believe that an act of torture has been committed.
The Committee recalls, in this regard, its previous concluding observations to the State party, in which it underlined the need for the State party to launch prompt and impartial investigations spontaneously andsystematically wherever there is reasonable ground to believe that an act of torture has been committed, including in the event of the death of a detainee.
The Committee also recalls that, during its dialogue with the State party in 2008, it had expressed its concern regarding the case of Mounir Hammouche and had reminded the State party of its obligation to launch a prompt and impartial investigation immediately andsystematically in all cases where there are reasonable grounds to believe that an act of torture has been committed, including cases in which a prisoner has died.
In light of the Committee's previous concluding observations, please provide information on measures taken by the State party to explicitly include torture in the list of crimes for which the judicial police is responsible and ensure that a prompt, effective andimpartial investigation is initiated in all cases where there are grounds for believing that an act of torture has been committed in any territory under its jurisdiction para. 12.
That the State party should conclude that sufficient evidence that acts of torture had been committed was lacking can be explained only by the failure of the courts to investigate his claims.
In addition, the Monegasque Criminal Code provides that certain crimes andoffences can be classified or punished more severely if acts of torture have been committed.
The State party indicates in its report that the prosecutors attached to courts in whose jurisdiction acts of torture have been committed initiate investigations CAT/C/BEN/2, para. 65.
The State party indicates in its report that the prosecutors attached to courts in whose jurisdiction acts of torture have been committed initiate investigations 1998-2001 report, art. 38.