36. Likewise, the International Criminal Tribunal for the former Yugoslavia has stated that one of the consequences of a jus cogens nature that the international community has attributed to the prohibition on torture is the obligation to investigate and prosecute, and where applicable, punish or extradite those individuals accused of torture, as well as other consequences such as the inability of applying the statute of limitations to torture.43 37. On the other hand, the Human Rights Committee of the United Nations44 has stated with regard to violations recognized as crimes under international law or domestic law, including torture and other cruel, inhumane, or degrading treatment that "the barriers to establishing criminal responsibility should be removed, including statutes of limitations [...] which are too brief, in cases where such requirements are applicable.” 38. For its part, the Committee against Torture of the United Nations has expressed its reservation regarding the implementation of the statute of limitations to the crime of torture.45 For example, in its Concluding Observations on Chile in 2004, the Committee recommended the State party "to consider the possibility of eliminating or extending the current statute of limitations period of ten [10] years established for the crime of torture, given its severity.”46 On the other hand, in its conclusions on Morocco, the Committee expressed concern about “[t]he application of the statute of limitations under common law to acts of torture, which would deprive victims of their inalienable right to bring an action of justice” 47 and recommended the State party to include “in its Criminal Procedure Code, provisions criminal proceedings and sentencing are not time-barred and that the granting of an amnesty or pardon should not be permissible”. 43 Cf. I.C.T.Y., Case of Prosecutor v. Furundžija. Judgment of December 10, 1998. Case No. IT-9517/1-T, para. 156. 44 Human Rights Committee, General Comment No. 31, “Nature of the General Legal Obligation Imposed on States Parties to the Covenant,” May 26, 2004, U.N. Doc. CCPR/C/21/Rev.1/Add.13, para 18. 45 The Committee against Torture, upon evaluating the Constitution of Venezuela, in 2002, stated that "it positively assessed that the Constitution […] imposed upon the State the obligation to investigate and punish violations of human rights [and,] that it declare them as not subject to a statute of limitations[...]”. Committee against Torture, Analysis of the reprot filed by thte State parties in virture of Article 19 of the Convention, Conclusions and recommendations, 29th Period of Sessions, December 23, 2002, CAT/C/CR/29/2 para. 6.c. On the other hand, in 2002, the Committee against Torture, recommended that the actions taken to punish this crime, should not be subject to a statute of limitations. In its observations on Lithuania, the Committee noted that it “regrets the lack of information provided as to whether the offence of torture, which is punishable under other provisions of the Criminal Code, may in some cases be subject to a statute of limitations. The Committee is of the view that acts of torture cannot be subject to any statute of limitations”. (emphasis added). The Committee emphasized that “acts of torture as well as attempts to commit torture and acts by any person which constitute complicity or participation in torture, as established by article 1 of the Convention, can be investigated, prosecuted and punished without time limitations”. (emphasis added). Report of the Committee against Torture. Forty-first and Forty-second session, 2008-2009, A/64/44, para. 43(5). Availabe at: http://daccess-ods.un.org/access.nsf/Get?Open&DS=A/64/44&Lang=E. In regard to Serbia, the Committee indicated that “the State party should ensure that the penalties of the Criminal Code be brought in line with the proportional gravity of the crime of torture. The Committee urges the speedy completion of judicial reforms so that no statute of limitations will apply to torture.” (emphasis added). Report of the Committee against Torture, supra nota 45, para. 45(5). 46 Final Observations of the Committee against Torture: Chile, May 2004, UN Doc. CAT/C/CR/32/5, para. 7 (f ). 47 Final Observations of the Committee against Torture: Morrocco, February 5, 2004, Document of the United Nations CAT/C/CR/31/2, paragraph 5 (f). 16

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