A/HRC/4/104 page 8 informed consent;30 and violence against migrant women who suffer such abuses as long working days, lack of health insurance, physical and verbal ill-treatment, sexual harassment and threats, when they are undocumented, that they will be turned over to migration authorities.31 D. Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment 14. The Committee against Torture has paid increasing attention to the human rights of women in its consideration of States parties’ reports. At its thirty-seventh session (2006), the Committee found that rape constituted torture and that by deporting the complainants, who were both women, back to their country of origin where they had been raped by State agents, the State party would be in violation of article 3 of the Convention.32 15. The Committee has expressed concern regarding allegations of increased violent killings of women and has stressed that failure to investigate these cases exacerbates the suffering of relatives seeking justice. It is also concerned about allegations of the widespread practice of torture, enforced disappearances, arbitrary arrests and secret detentions, as well as frequent rape of women by military personnel and armed groups, and the apparent impunity enjoyed by the perpetrators of such acts (arts. 2, 12 and 14). It has recommended that States parties promptly and impartially investigate and try all perpetrators of such acts. When found guilty, sentences should be commensurate with the gravity of the offences. Victims should be compensated, if necessary through a compensation fund for the victims of torture. 16. Under articles 6, 11 and 16, the Committee has expressed concern about inadequate protection and widespread ill-treatment of women in places of detention in some States parties. Under articles 2 and 7, the Committee has expressed concern at reports that detained women have been subjected to the excessive and unlawful use of force, including psychological and sexual torture, by criminal justice officials and the police. In many instances, States parties have failed to provide information regarding violence against women in detention, lack procedures for lodging complaints and an effective witness protection programme, and have not undertaken prompt and impartial investigations of allegations as required by article 12. Where complaints procedures do exist, there is generally an extremely low rate of convictions and numerous reports have been received detailing intimidation and threats against victims of sexual violence. The Committee has recommended that States parties ensure the protection of women in places of detention in conformity with international standards. 30 Ibid., para. 204. 31 Ibid., para. 203. 32 Communication No. 262/2005, V.L. v. Switzerland (CAT/C/37/D/262/2005), adopted on 20 November 2006, and communication No. 279/2005, C.T. v. Sweden (CAT/C/37/D/279/2005), adopted on 17 November 2006.

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