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).
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