are found on its territory, unless the suspects are extradited.105 As stated by the United
Nations Human Rights Committee:
“State Parties must ensure that those responsible are brought to justice. As with
failure to investigate, failure to bring to justice perpetrators of such violations could in
and of itself give rise to a separate breach of the Covenant. These obligations arise
notably in respect of those violations recognized as criminal under either domestic or
international law, such as torture and similar cruel, inhuman and degrading treatment
(article 7), summary and arbitrary killing (article 6) …”.106
There are no express provisions on the right and concomitant duty of states to try those
responsible of torture expeditiously. As was determined by the Human Rights Committee in
Andreu v. Colombia:107 “… the Covenant does not provide a right for individuals to require
that the State criminally prosecute another person…The Committee nevertheless considers
that the State party is under a duty to investigate thoroughly alleged violations of human
rights, and in particular forced disappearances of persons and violations of the right to life,
and to prosecute criminally, try and punish those held responsible for such violations. This
duty applies a fortiori in cases in which the perpetrators of such violations have been
identified.”
As held by the Human Rights Committee in Rajapakse v. Sri Lanka in respect of a torture
case:
“Expedition and effectiveness are particularly important in the adjudication of cases
involving torture. The general information provided by the State party on the workload
of the domestic courts would appear to indicate that the High Court proceedings and,
thus, the author's Supreme Court fundamental rights case will not be determined for
some time. The Committee considers that the State party may not avoid its
responsibilities under the Covenant with the argument that the domestic courts are
dealing with the matter, when it is clear that the remedies relied upon by the State
party have been prolonged and would appear to be ineffective. For these reasons,
the Committee finds that the State party has violated article 2, paragraph 3, in
connection with 7 of the Covenant.”108
Courts have also considered cases in which the delay in the proceedings impinged upon
statutes of limitation. In such cases the delays were so significant that they resulted in a
denial of justice to victims.109
2.4. The absence of effective investigations, prosecutions and
punishment as a form of torture or ill-treatment in its own right
The Inter-American Court of Human Rights has held in several cases of disappearances that
the lack of effective investigations and the impunity which results constitutes a violation of the
right to humane treatment of the next of kin. This is due to the impact on the security and
105
See in particular Articles 4-9 of the UN Convention against Torture.
106
UN Human Rights Committee, General Comment 31, para.18
107
Federico Andreu v. Colombia, para.8.6.
108
Rajapakse v. Sri Lanka, para.9.5. See also case of Dingiri Banda v. Sri Lanka, para.7.3. where the HRC found that
proceedings in a torture case that were ongoing after more than seven years were unduly prolonged and ineffective, also taking
into consideration that the state party did not provide any timeframe for the consideration of the case.
109
See in particular the jurisprudence of the Inter-American Court of Human Rights, Montero-Aranguren et al v Venezuela,
para.141; Trujiloo-Oroza v Bolivia (Merits), para.102 and Las Palmeras v Colombia (Merits), para.69.
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