COMMITTEE AGAINST TORTURE CONCLUDES SIXTEENTH SESSION AT GENEVA, 29 APRIL - 10 MAY

13 May 1996

Press Release
HR/4297

COMMITTEE AGAINST TORTURE CONCLUDES SIXTEENTH SESSION AT GENEVA, 29 APRIL - 10 MAY

19960513 Offers Observations, Recommendations on Situations In Six Countries; Reports Conclusions of Inquiry on Egypt

GENEVA, 10 May (UN Information Service) -- The Committee against Torture today concluded its sixteenth session, a two-week series of meetings during which it considered reports from six countries -- Armenia, Senegal, Finland, China, Croatia, and Malta -- on their efforts to prevent and punish torture.

The 10-member panel also met in closed session to examine complaints, considered well-founded, that torture was being practised systematically in some of the 96 countries that are States parties to the Convention against Torture and Other Cruel, Inhuman, or Degrading Treatment or Punishment.

Based on those meetings and on previous consideration dating back to 1991, it stated that it was forced to conclude, relying on information provided by non-governmental organizations and by the United Nations Commission on Human Rights Special Rapporteur on torture, that torture had been practised systematically by the security forces in Egypt in response to terrorism. It called for the Government to set up an impartial mechanism to investigate those charges and monitor the security apparatus to prevent such abuses.

The Committee also held private meetings to consider complaints filed by individuals against States which have agreed to such a procedure under the terms of the Convention's article 22.

Initial reports on implementation of the Convention were presented by Armenia, Croatia, and Malta; second periodic reports were filed by Senegal, Finland, and China. As in previous sessions, the Committee's experts not only considered the written reports, but asked questions of delegations representing those countries, heard their replies, and then issued conclusions and recommendations.

Experts cited as a frequent shortcoming a lack of national laws, as required by the Convention, that specifically define torture and make it a crime. Of the six countries presenting reports, only Malta had such a law.

On the basis of reports from non-governmental organizations, such as Amnesty International, the Lawyers' Committee for Human Rights, and Human Rights Watch, the Committee also called for investigations of alleged widespread cases of ill-treatment of detainees and prisoners in China; of alleged crimes committed in Croatia during re-occupation of Serb-held areas of the country; of claims of cases of torture and provisions for amnesty in Senegal in connection with attempts to quell a violent separatist movement; and of purported abuses of detainees in Armenia.

The Committee additionally asked each country to consider making a contribution -- even a token or symbolic one -- to the United Nations Voluntary Fund for Victims of Torture.

Another topic discussed was possible amendment of Committee rules of procedure to improve working methods. Among the steps decided upon was publication by the panel in its annual report of a list of States which had not fulfilled their reporting obligations under the Convention. The list also would be provided to the press.

The Committee will hold its next session -- its seventeenth -- from 11 to 22 November.

Conclusions, Recommendations on Country Reports

Armenia: The Committee recommended that a specific definition of torture be added to the country's criminal code; that measures be taken to guarantee that persons could not be expelled or extradited to other States where they were in danger of being subjected to torture; and that the Government investigate and report back to the Committee on allegations of ill-treatment of detainees in the country.

Senegal: While taking into account the separatist struggle occurring in the region of Casamance, which threatened the security and integrity of the State, the Committee stressed that a democracy must, in all cases, use only legitimate means to defend itself, and called for a quick and thorough investigation of alleged cases of torture and a review of amnesty laws to see if they contravened the provisions of the Convention against Torture. It asked the Government to report back to the Committee on its findings. It also called for enactment of a specific law making torture a crime and for provisions barring the use of torture in exceptional circumstances or on the basis of orders received from superiors.

Finland: The Committee recommended the establishment of a precise legal definition of torture and precise law prohibiting it; enactment of provisions disallowing the use in court proceedings of any evidence obtained through torture; and increases in legal protection for foreigners who might be denied asylum. It advised creation of an independent agency to investigate any

- 3 - Press Release HR/4297 13 May 1996

offences allegedly committed by police and creation of a post of human rights ombudsman.

China: It was noted that information supplied by non-governmental organizations indicated that torture might be practised on a widespread basis in police stations and prisons in China, including Tibet, that often complaints of such abuses did not receive investigation and proper resolution by authorities, and that incommunicado detention appeared to occur frequently. The Committee called for China to set up a comprehensive system to investigate and deal with complaints of maltreatment of every sort of those in custody, and to establish a specific crime of torture within its criminal code. It called for the country to allow detainees access to legal counsel at the earliest possible stage, and to allow detainees access to family and doctors.

Croatia: The Committee recommended that an impartial, independent commission investigate reports of violations during 1995, especially in areas of the country recaptured from Serb control, and that the results of that investigation be reported back to the Committee. It recommended establishment of a specific law prohibiting torture and called for a vigorous programme for education of police, judicial, and other relevant personnel on international human rights standards, and for continued cooperation by the country with the International Tribunal for the former Yugoslavia.

Malta: It was recommended that the country strive to develop legislation that would prevent expulsion or refoulement of foreigners to countries where they might face torture.

Activities pursuant to Article 20 of Convention

As called for under Article 20 of the Convention against Torture and Other Cruel, Inhuman, or Degrading Treatment or Punishment, the Committee met in closed session to examine complaints, considered well-founded, that torture was being practised systematically in some of the 96 countries that are States parties to the Convention.

The panel reported that it had considered since 1991 reports of torture carried out in Egypt by government security forces, especially by State Security Intelligence, in response to terrorist activities. It said there had been extensive consultations with the Government, and a visit by two Committee experts had been requested, but the Government "did not avail itself of the opportunity it had been offered to clarify the situation by accepting the visit". The Committee stated that a great number of allegations from reliable sources -- including non-governmental organizations and the Commission on Human Rights Special Rapporteur on torture -- forced it to conclude that torture was systematically practised by the security forces, in particular, by State Security Intelligence, despite denials by the Government. The Committee noted that under the Convention no exceptional circumstances whatsoever could

- 4 - Press Release HR/4297 13 May 1996

be invoked to justify torture; it recommended that the Government set up independent investigation machinery, including judges, lawyers, and medical doctors, to examine efficiently all allegations of torture and bring them expeditiously before the courts. It also said such machinery should be used to monitor the security of persons held in detention in Egypt, and that a thorough investigation should be undertaken into the conduct of police forces in response to allegations received by the Committee.

Background on Convention, Committee

The Convention entered into force in 1987 after having been unanimously adopted by the General Assembly in 1984. The treaty introduced two significant new elements into the United Nations fight against torture: it specifies that alleged torturers may be tried in any State party or they may be extradited to face trial in the State party where their crimes were committed, and it provides for international investigation of reliable reports of torture, including visits to the State party concerned, with its agreement.

Under article 20 of the Convention, if the Committee receives reliable information which appears to it to contain well-founded indications that torture is being systematically practised in the territory of a State party, the Committee shall invite that State party to cooperate in the examination of this information.

Under article 21, a State party to the Convention may, at any time, declare that it recognizes the competence of the Committee to receive and consider communications to the effect that a State party claims that another State party is not fulfilling its obligations under the Convention.

Under article 22, a State party may, at any time, declare that it recognizes the competence of the Committee to receive and consider communications from, or on behalf of, individuals subject to its jurisdiction who claim to be victims of a violation by a State party of the provisions of the Convention. To date, the Convention has been ratified or acceded to by the following 96 States: Afghanistan, Albania, Algeria, Antigua and Barbuda, Argentina, Armenia, Australia, Austria, Belarus, Belize, Benin, Bosnia and Herzegovina, Brazil, Bulgaria, Burundi, Cambodia, Cameroon, Canada, Cape Verde, Chad, Chile, China, Colombia, Costa Rica, Croatia, Côte d'Ivoire, Cuba, Cyprus, Czech Republic, Denmark, Ecuador, Egypt, Estonia, Ethiopia, Federal Republic of Yugoslavia (Serbia and Montenegro), Finland, France, Georgia, Germany, Greece, Guatemala, Guinea, Guyana, Hungary, Israel, Italy, Jordan, Kuwait, Latvia, Libya, Liechtenstein, Lithuania, Luxembourg, Malta, Mauritius, Mexico, Monaco, Morocco, Nepal, Namibia, Netherlands, New Zealand, Norway, Panama, Paraguay, Peru, Philippines, Poland, Portugal, Republic of Korea, Republic of Moldova, Romania, Russian Federation, Senegal, Seychelles, Slovak Republic, Slovenia, Somalia, Spain, Sri Lanka, Sweden, Switzerland, Tajikistan, The

- 5 - Press Release HR/4297 13 May 1996

former Yugoslav Republic of Macedonia, Togo, Tunisia, Turkey, Uganda, Ukraine, United Kingdom, United States, Uruguay, Uzbekistan, Venezuela, Yemen and Zaire. The following 36 States have recognized the competence of the Committee under articles 21 and 22: Algeria, Argentina, Australia, Austria, Bulgaria, Canada, Croatia, Cyprus, Denmark, Ecuador, Federal Republic of Yugoslavia (Serbia and Montenegro), Finland, France, Greece, Hungary, Italy, Liechtenstein, Luxembourg, Malta, Monaco, Netherlands, New Zealand, Norway, Poland, Portugal, Russian Federation, Slovak Republic, Slovenia, Spain, Sweden, Switzerland, Togo, Tunisia, Turkey, Uruguay and Venezuela. In addition, the United Kingdom and the United States have recognized the competence of the Committee under article 21 only.

Membership, Officers

Elected Chairman of the Committee was Alexis Dipanda Mouelle (Cameroon). The Vice-Chairmen were Alejandro Gonzalez Poblete (Chile), Bent Sorensen (Denmark), and Alexander M. Yakovlev (Russian Federation). The Rapporteur was Julia Iliopoulos-Strangas (Greece).

The Committee also includes members Peter Thomas Burns (Canada); Guibril Camara (Senegal); Georghios M. Pikis (Cyprus); Mukunda Regmi (Nepal); and Bostjan M. Zuapancic (Slovenia).

* *** *