COMMITTEE ON TORTURE CONCLUDES SESSION

25 November 1996

Press Release
HR/4310

COMMITTEE ON TORTURE CONCLUDES SESSION

19961125 Committee Reviewed Reports by Algeria, Georgia, Republic of Korea, Russian Federation, Poland, Uruguay

GENEVA, 22 November (UN Information Service) -- The Committee against Torture completed its two-week fall session this morning, hearing an address by José Ayala-Lasso, United Nations High Commissioner for Human Rights, who reported an increase in complaints of maltreatment received from around the world by the Special Rapporteur on Torture of the Commission on Human Rights.

During its current session, the Committee's 10 experts reviewed reports from six States parties to the Convention against Torture and Other Cruel, Inhuman and Degrading Treatment or Punishment: the Russian Federation, the Republic of Korea, Algeria, Uruguay, Poland and Georgia. Countries which have ratified the Convention are required to submit periodic summaries on their efforts to put it into effect.

Among their actions, the experts called for establishment of an independent committee to look into allegations of torture and other cruel treatment by Russian forces and Chechen separatists in the ongoing conflict in the south of the Russian Federation. They urged that allegations of ill-treatment of detainees in the Republic of Korea be fully investigated. They noted with concern that, in the course of an intensive battle against terrorism, the Government of Algeria was once again being accused of acts of torture.

The experts were also concerned that the slow pace of legislative procedure in Uruguay had tied up for years important reforms in that country's penal and criminal codes. They recommended that a presidential decree in Georgia calling for urgent measures to halt torture, should be implemented as soon as possible. In Poland, they recommended that proposed criminal and judicial reforms be passed by the legislature.

Also during the current session, the Committee, in closed meeting examined communications from individuals claiming to be victims of violations by States parties of the provisions of the Convention.

The Committee is scheduled to hold its next session from 28 April to 9 May 1997, when it is to consider reports from Denmark, Mexico, Namibia, Paraguay, Sweden and Ukraine.

Statement by High Commissioner

JOSE AYALA-LASSO, United Nations High Commissioner for Human Rights, drew attention to the impact of the United Nations financial crisis on the activities of the Centre for Human Rights. He said a restructuring of the Centre along more efficient lines was now under way. The transition period would last five or six months. Demands on the Centre had increased, but it had not been possible to expand staff.

Reviewing the status of the Voluntary Fund for the Victims of Torture, he said that although contributions, led by those from the United States, had increased slightly over 1995, the needs of torture victims had climbed more rapidly. There were now 96 projects under way in 54 countries. The Fund's governing body was trying to honour each request for funding, which met the required criteria by providing 30 to 48 per cent of the amounts requested. The Fund's balance was around $2.5 million; funding requests came to over $5 million.

Continuing, he said it was unfortunate that the Special Rapporteur on Torture of the Commission on Human Rights, Nigel Rodley, had seen a substantial increase in complaints of torture over the past year. As a result, the Special Rapporteur had already sent some 112 urgent appeals to Governments, Mr. Ayala-Lasso said.

Conclusions and Recommendations

In reviewing the report of the Russian Federation, the Committee noted such positive aspects as the country's constitutional prohibition of torture and its creation of a Presidential Commission on Human Rights and an ombudsman on human rights. Among obstacles to the application of the Convention, it cited the challenges posed by reorienting State institutions and machinery on a vast scale following the establishment of democracy. It expressed concern over presidential decrees allowing incommunicado detention of suspects for up to 30 days, as well as over widespread allegations of torture and ill-treatment of persons in custody.

The Committee recommended that torture, as defined in the Convention, be made a distinct crime subject to severe punishment under the domestic legal system. It called for effective machinery to be established to monitor the conditions in which crime investigations were conducted, the conditions under which persons were held in custody, and prison conditions. It recommended that an effective process be set up to investigate promptly complaints by suspects, detainees, and prisoners. The Committee also called for radical

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improvements in prison conditions and recommended that procedures be amended to allow remand in custody for no longer than 48 hours without judicial authorization. It also recommended that an independent committee be set up to investigate allegations of torture and other inhuman or degrading treatment committed by military forces of the Russian Federation and by Chechen separatists, with a view to bringing to justice those responsible.

The Committee welcomed a number of positive changes in the Republic of Korea since 1993. Some relevant laws, regulations and institutions had been amended in the spirit of human rights enhancement. At least in a few cases, public officials had been convicted for torturing prisoners. Among sources of concern, the panel cited continued reports by non-governmental organizations showing that many political suspects were still tortured during interrogation in attempts to extract confessions.

It was recommended that the country enact a law defining the crime of torture, and that there be greater education of police investigators, public prosecutors and others, with special emphasis on torture and on the criminal liability of those who committed it. The Committee also recommended that an independent governmental body take over the inspection of detention centres and places of imprisonment, that allegations of ill-treatment brought to the Committee's attention be duly investigated and that the results of the investigations be transmitted to the Committee. It recommended that the 30- day or 50-day minimum period of detention be ruled too long and that it be shortened to the usual 48 hours. It should also be ruled that the counsel for a suspect was entitled to be present at interrogations.

With respect to Algeria's report, the Committee noted a number of positive aspects to that country's performance. Among them was its commitment to set up a state of law and promote the protection of human rights, as well as the closing of various detention centres. It cited as an obstacle to implementation of the Covention the serious difficulties posed to the Government and State by terrorism. Concern was expressed over the possibility of prolonged administrative detention for up to 12 days, the possibility of administrative placement in security centres without any judicial control, and the reappearance of reports of torture after the problem had seemed to disappear in recent years.

Among its recommendations, the Committee called for the definition of torture to be revised to more closely reflect article 1 of the Convention. Appropriate measures should be taken to ensure that only a judicial authority could take decisions affecting individual freedom. It recommended that an objective study immediately be carried out any time there was reasonable evidence that an act of torture had occurred in the country. The Committee should be given information on all alleged cases of violations of the Convention it had raised based on reports by non-governmental organizations.

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On Uruguay's report, the Committee cited such positive aspects as the country's establishment of an honourary national commission for reform of the Code of Penal Procedure, as well as of a systematic programme for visits to detention centres by a government committee. It remarked that an obstacle to complete realization of the Convention was posed by the slowness of legislative procedure, in which useful bills remained in negotiations for years.

Concern was expressed over the lengthy delay of the State in implementing the recommendations made to it following its initial report to the Committee, as well as over the ongoing absence of a provision specifically describing and outlawing torture. The Committee recommended that the crime of torture be made an autonomous crime and that preventive measures be taken to protect the rights of detainees and prisoners.

In considering Poland's report, the Committee noted several positive aspects, including the extensive political, economic and legislative reforms undertaken. As a factor hindering the implementation of the Convention, it noted that most major legislative reforms remained in the drafting stage. Duration of pre-trial detention could be excessive and use of force against minors, which was allowed, could be excessive.

The Committee recommended that a domestic law be passed defining and prohibiting torture and that formal, effective judicial control be established over the system of detention. It recommend that training programmes for law-enforcement and medical personnel be stepped up and that effective, independent investigations of alleged acts of torture be carried out. Regulations allowing preventive detention of up to two years should be abolished. It noted that the possibility of acts of torture might be reduced if, during the 48 hours of allowed preliminary detention, suspects had easy access to lawyers, doctors, and family members.

With respect to Georgia's report, the Committee commented favourably on government policies or instituting structural reforms to reflect the standards of the Convention. It also welcomed the willingness of Georgia's representatives to acknowledge that, despite such reforms, torture and ill-treatment occurred in places of detention and elsewhere. Such an admission was a step, but only a first step, to resolving the problem.

Among obstacles to implementation of the Convention the Committee cited the political and economic conditions of the country and the lack of sufficiently obvious independence for the judiciary. It expressed concern about the number of reports of torture, including cases involving the extortion of confessions. It was also concerned about failures to promptly investigate claims of torture and to prosecute alleged offenders, as well as about unacceptable conditions in places of detention, including prisons.

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The Committee recommended that a presidential decree on urgent measures for the halting of torture be implemented as soon as possible. It called for the definition of torture contained in the Convention to be specifically incorporated into the Georgian Code of Criminal Law. It recommended that the allowed period of incommunicado detention be rescinded, that resources be made to upgrade prison conditions as a matter of urgency, that independent investigation procedures be established for complaints of torture and ill-treatment, and that complaints be unfailingly looked into. It also recommended that the prison service be removed from the control of the Ministry of Internal Affairs and be transferred to the Ministry of Justice or to an independent Ministry of Corrections.

Background on Convention, Committee

The General Assembly unanimously adopted the Convention in 1984 and it entered into force on 26 June 1987. States parties are required to outlaw torture and are prohibited from using "higher orders" or "exceptional circumstances" as excuses for acts of torture. The Convention introduced two significant new elements to the United Nations fight against torture. First, it specifies that alleged torturers may be tried in any State party or may be extradited to face trial in the State party where their crimes were committed. Second, 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 to the Convention 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 100 States: Afghanistan, Albania, Algeria, Antigua and Barbuda, Argentina, Armenia, Australia, Austria, Azerbaijan, Belarus, Belize, Benin, Bosnia and Herzegovina, Brazil, Bulgaria, Burundi, Cambodia, Cameroon, Canada, Cape Verde, Chad, Chile, China, Colombia, Costa Rica, Côte d'Ivoire, Croatia, Cuba, Cyprus, Czech Republic, Denmark, Ecuador, Egypt, El Salvador,

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Estonia, Ethiopia, Federal Republic of Yugoslavia (Serbia and Montenegro), Finland, France, Georgia, Germany, Greece, Guatemala, Guinea, Guyana, Hungary, Iceland, Israel, Italy, Jordan, Kuwait, Latvia, Libya, Liechtenstein, Lithuania, Luxembourg, Malawi, Malta, Mauritius, Mexico, Moldova, Monaco, Morocco, Namibia, Nepal, Netherlands, New Zealand, Norway, Panama, Paraguay, Peru, Philippines, Poland, Portugal, Republic of Korea, Romania, Russian Federation, Senegal, Seychelles, Slovak Republic, Slovenia, Somalia, Spain, Sri Lanka, Sweden, Switzerland, Tajikistan, The 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

The Chairman of the Committee is Alexis Dipanda Mouelle (Cameroon). Alejandro Gonzalez Poblete (Chile), Bent Sorensen (Denmark) and Alexander M. Yakovlev (Russian Federation) are Vice-Chairmen. The Rapporteur is 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).

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