COMMITTEE AGAINST TORTURE CONCLUDES FIFTEENTH SESSION (GENEVA, 13-24 NOVEMBER)
Press Release
HR/4247
COMMITTEE AGAINST TORTURE CONCLUDES FIFTEENTH SESSION (GENEVA, 13-24 NOVEMBER)
19951128 Adopts Final Observations and Conclusions On Reports of Denmark Guatemala, United Kingdom and ColombiaGENEVA, 24 November (UN Information Service) -- The Committee against Torture this morning concluded the work of its fifteenth session, after examining the reports of four States Parties to the Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment.
The Committee adopted final observations concerning the application of the Convention in Denmark, the United Kingdom, Guatemala and Colombia. It postponed the examination of the reports of Senegal and Armenia until its next session, to be held from 30 April to 10 May 1996, at the Palais des Nations in Geneva. The report of Finland will also be considered at that session.
The Committee also examined draft modifications in its internal rules on the procedures to be followed when an expert chooses not to participate in the examination of a report or confidential investigation, involving his or her own country.
Final Observations and Conclusions
In its final observations and conclusions, the Committee praised Guatemala for its honesty in recognizing that torture still existed there. Calling the current peace process and the Government's cooperation with the United Nations signs of progress, the Committee welcomed the judicial modifications which had been adopted, particularly as they concerned the definition of torture. The Committee also praised the creation of numerous organs dealing with the strengthening of human rights, notably a Public Prosecutor for human rights cases, and recommended that the State party reinforce this institution. Moreover, it took note of Guatemala's commitment to the teaching of human rights.
The Committee recognized that Guatemala was facing a difficult situation because of its deeply rooted military and police culture. It took note of the important disparities in wealth, which could spark confrontation between law-enforcement organs and the most underprivileged sections of the population. In that respect, the Committee stressed the procedure of individual appeal (according to optional article 22). It noted that Guatemala was considering its acceptance, which would be a useful preventive measure.
The Committee was deeply concerned by torture and other cruel, inhuman, or degrading treatments or punishments, which seemed endemic in Guatemala, and expressed dismay that many of the victims were children. Also, the State's incapacity to investigate rapidly and impartially the persons responsible for torture or abusive treatment which resulted in impunity, weakness of the judiciary system, the administration and the police was a matter of profound concern. The Committee urged intensive training programmes for the police, lawyers and judges, and sufficient material means to allow responsible implementation of laws. It also urged the State party to guarantee protection of witnesses, judges and prosecutors from threats.
The Committee noted with satisfaction that Denmark was playing a special role in the full rehabilitation of torture victims, and applauded that country's exemplary contributions to the establishment of a rehabilitation and research centre for the victims of torture. The Committee also expressed appreciation for the determination of Denmark to guarantee respect for and protection of human rights. It stressed that Denmark was in the forefront of the development of human rights standards.
The Committee did express concern, however, over information received from some non-governmental organizations alleging one case of torture and a number of cases of ill-treatment. Those reports included the alleged use of fixed leg-locks by the police forces, as well as solitary confinement practised in some places of detention. It recommended that Denmark take strong measures to bring to an end those alleged acts of ill-treatment and to prosecute the persons found guilty of such acts. It recommended further that the Government provide the Committee with data concerning the number of investigations undertaken in that respect. Denmark was urged to enact laws in conformity with article 1 of the Convention, which called for a definition of torture for implementation in its internal jurisdiction.
In its conclusions on the report of the United Kingdom, the Committee praised its encouragement of a full and open dialogue with the Committee. It also acknowledged the in-country right of appeal for all refused asylum seekers, the use of tape recordings for all interrogations by the police in England and Wales, many interrogations in Scotland, and for non-terrorist related interrogations in Northern Ireland; the introduction of Codes of Practice applied to the interrogations of detainees in relation to terrorist activities in Northern Ireland; and, the emphasis placed on education and
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training of police, prison and immigration officers. The Committee also noted with pleasure that no case of torture appeared to have come to light in the dependant territories.
The Committee expressed concern at the practice of rigorous interrogation of detainees under emergency powers, which might sometimes breach the Convention. Other concerns were expressed at the methods adopted in forcibly returning persons under deportation orders; the suicide rate in prisons and places of detention; the renewal of the emergency legislation; the practice of returning asylum seekers; and the standards of detention of the Vietnamese boat people in Hong Kong. The Committee recommended that the United Kingdom Government undertake appropriate measures to address those concerns.
In its conclusions on Colombia the Committee praised the frank manner of the report presented by the Colombian Government's representatives. It noted that new Colombian legislation included numerous satisfactory norms regarding human rights and protection mechanisms. It noted in particular the prohibition of torture, the regulation of habeas corpus, the functions of the general State Prosecutor and public defender, and the primacy of international treaties on human rights in the development of internal legislation. It took note of a proposed increase in sanctions against torture in the new Penal Code, as well as the creation of a general legislative institution on human rights.
The Committee recognized that a "climate of widespread violence" provoked by insurgents, drug traffickers and armed civilian groups had impeded the full implementation of the Convention, as did widespread impunity of the authors of torture and problems with the judiciary system. The Committee was deeply concerned by the high number of cases of violent deaths and torture committed by members of the armed forces and the police. The Committee expressed its regret that the State party had not adapted its internal legislation to the requirements of the Convention, as the Committee had suggested during the presentation of Colombia's initial report. It requested that State party to take action, in particular in the area of prohibiting the extradition of persons to countries where they might be tortured; facilitating the extradition of persons suspected of torture; refusing to allow evidence obtained under torture; and setting up training programmes on human rights for the military, the police, and civil service personnel in prisons. Colombia was also invited to set up efficient systems for rehabilitating victims.
Other Matters Considered
Concerning expert participation, the Committee focused its attention on two new paragraphs for its internal regulations, denoting that a Committee member who decides not to participate in the examination of a report or the procedure relating to article 20 of the Convention -- which deals in part with
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the undertaking of a confidential investigation -- should "inform the President of the decision to withdraw". The Committee decided to ask a working group to draft a new proposal, based on texts currently being submitted concerning the participation of a member in the examination of the report of his own country, confidential investigations, and the confidential examination of "communications" (complaints) regarding his country.
The Committee also considered other provisions of the internal regulation relative to article 20, in particular concerning visiting missions. It is also planned that the country concerned would be invited to inform the Committee, within a limited period set by the latter, "of its observations relative to the eventual publication of a succinct report on the results of the investigation" undertaken on the ground by the Committee, in accordance with the State party.
Membership and Officers
The members of the Committee are: Peter Thomas Burns, of Canada; Alexis Dipanda Mouelle, of Cameroon; Fawzi El Ibrashi, of Egypt; Ricardo Gil Lavedra, of Argentina; Julia Iliopoulos-Strangas, of Greece; Hugo Lorenzo, of Uruguay; Mukunda Regmi, of Nepal; Habib Slim, of Tunisia; Bent Sorensen, of Denmark; and Alexander M. Yakovlev, of the Russian Federation.
The Committee officers are: Chairman, Mr. Dipanda Mouelle; Vice-Chairmen, Mr. Burns, Mr. El Ibrashi, and Mr. Lorenzo. The Committee's Rapporteur is Mr. Sorensen.
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