COMMITTEE AGAINST TORTURE CONCLUDES EIGHTEENTH SESSION GENEVA, 28 APRIL - 9 MAY
Press Release
HR/4326
COMMITTEE AGAINST TORTURE CONCLUDES EIGHTEENTH SESSION GENEVA, 28 APRIL - 9 MAY
19970512 Terms Israeli Interrogation Methods 'Torture' and Calls for their End; Reports of Ukraine, Mexico, Denmark, Paraguay, Namibia, Sweden Also Considered(Reissued as received.)
GENEVA, 9 May (UN Information Service) -- The Committee against Torture completed today its eighteenth session -- a two-week series of meetings marked, among other things, by a spirited debate with Israel over Government-approved use during interrogations of what it termed "moderate physical pressure" in efforts to elicit information that could foil pending terrorist attacks.
This morning the Committee said in official conclusions that such interrogation methods apparently included restraining in very painful conditions; holding under special conditions; sounding of loud music for prolonged periods; sleep deprivation for long periods; threats, including death threats; violent shaking; and use of cold air to chill -- and that in the Committee's view, such methods constituted torture as defined by Article 1 of the Convention against Torture, especially when were used in combination, which it said appeared to be the standard case.
It called, among other things, for Israel to "cease immediately" the use of those and any other interrogation procedures that violated the Convention, and emphasized that no circumstances -- even "the terrible dilemma of terrorism" that it acknowledged was faced by Israel -- could justify torture.
Israel had submitted a special report on the interrogation techniques at the Committee's request following a widely publicized Israeli Supreme Court decision on the matter last November. Members of a Government delegation appearing before the Committee contended that such methods had helped to prevent some 90 planned terrorist attacks over the last two years and had saved many civilian lives, in one recent case enabling members of the country's General Security Service to locate a bomb. The delegation repeatedly denied that the procedures amounted to torture.
The Committee also considered during the two-week session periodic reports from Ukraine, Mexico, Denmark, Paraguay, Namibia, and Sweden. They and Israel are among 102 States parties to the Convention against Torture, and under the terms of that internationally treaty are required to provide the Committee with periodic summaries of their efforts to prevent any such ill-treatment and to punish such acts if they occur.
Among other things, the Committee cited concern over what it termed excessive use of capital punishment in recent years in Ukraine, and urged that a current moratorium on the death penalty there be made permanent. It called for effective control and monitoring procedures to be established to ensure compliance by police and judicial officials in Mexico with laws and regulations prohibiting torture, and to ensure punishment of offenders. It recommended that use of solitary confinement be abolished except in exceptional circumstances in Denmark, and especially that the practice not be used with pre-trial detainees. It said a mechanism should be set up for monitoring and review of State agencies in Paraguay to ensure that acts of torture were not carried out. It expressed concern that torture continued to be carried out in some regions of Namibia, that in many cases pretrial detention lasted as long as a year due to lack of judicial personnel for processing cases, and that the Government had not been successful in investigating promptly and suitably punishing those responsible for past and present acts of torture. And it cited concern that information had been received of isolated cases of ill-treatment by Swedish police and that crowd control in Sweden sometimes was carried out by police through the use of dogs.
In addition, the Committee examined, in private session, communications from individuals claiming to be victims of violations by States parties of the provisions of the Convention. Information on decisions taken on these allegations will be released later.
At the Committee's next session, from 10 to 21 November, it is scheduled to consider reports from Argentina, Cyprus, Cuba, Israel, Portugal, Spain, and Switzerland.
Conclusions and Recommendations on Special Report of Israel
The Committee said in conclusions issued this morning on the report of Israel on interrogation methods that such apparently systematically applied methods, as described by non-governmental organizations, and were neither confirmed or denied by Israel, and so assumed to be true, included restraining in very painful conditions; holding under special conditions; sounding of loud music for prolonged periods; sleep deprivation for long periods; threats, including death threats; violent shaking; and use of cold air to chill. In the Committee's view, such methods constituted torture as defined by Article 1
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of the Convention, and said that was particularly true where such methods were used in combination, which appeared to be the standard case.
The Committee acknowledged the terrible dilemma confronted by Israel in dealing with terrorist threats, but stressed that as a State party to the Convention the country was precluded from raising before the Committee exceptional circumstances as justification for acts prohibited by Article 1 of the Convention. It further stated concern that a November 1996 decision by the Israeli Supreme Court dissolving an interim injunction against use of such interrogation practices against a particular detainee would result in continued use of such practices and would legitimize them.
It recommended, among other things:
-- that such interrogation methods, which appeared to be applied systematically, and any others in violation of the Convention, be ceased immediately;
-- that the provisions of the Convention be incorporated into Israeli law, particularly the definition of torture contained in Article 1, as was currently under consideration by Israel's Expert Committee of the Ministerial Committee for Legislation;
-- that Israel consider making declarations allowing the Committee to receive communications from individuals and from other State parties alleging violations by Israel of the Convention;
-- that interrogation procedures pursuant to the country's "Landau rules", in any event, be published in full; and
-- that Israel include information on measures taken in response to the Committee's conclusions and recommendations in its forthcoming periodic report to the Committee, which should be submitted no later than 1 September, so that the Committee could review it at its next session, in November.
Conclusions and Recommendations on Periodic Country Reports
The Committee noted among positive aspects to the situation in Ukraine the adoption in 1996 of a Constitution which expressly banned torture; and the country's recent entry into the Council of Europe. It expressed concern, among other things, over numerous reports by non-governmental organizations alleging use of torture and violence by officials during preliminary investigations and resulting in injuries and -- in some cases -- deaths; over a lack of independent institutions to investigate complaints of torture; and over excessive use of the death penalty in recent years. It recommended, among other things, that direct standards on prevention of torture be drawn up
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and applied, including adoption of a new criminal code that defined torture as a punishable crime; that standards for detention be clearly set out that reduced any opportunity for carrying out torture; that independent institutions be established to oversee resolution of complaints of torture; that there be a legislative ban on interrogation without presence of defense counsel and that there be a ban on holding suspects incommunicado; that the maximum period of one and one-half years before a person charged was brought to trial be reduced; and that the country's current moratorium on capital punishment be made permanent.
Mentioned among positive aspects of the report of Denmark were the commitment of the Government to reforming the judicial system in Greenland and extensive subsidization of private programmes for rehabilitation of victims of torture around the world. Concern was expressed, among other things, about the continuing lack in the penal code of a specific definition of torture; about the current use of solitary confinement, in particular in the case of pre-trial detention; and about methods used by Danish police in treatment of detainees and in controlling crowds through the use of dogs. Among the Committee's recommendations were that the offense of torture be adopted within domestic legislation in keeping with the terms of Article 1 of the Convention; that, except in exceptional circumstances, solitary confinement be abolished, especially for pre-trial detainees; and that solitary confinement be strictly regulated, with precisely set out rules; that methods used by police in treating detainees and controlling crowds be reconsidered; and that complaints about police conduct be dealt with by independent bodies.
Among positive aspects of the Paraguay's performance, according to the Committee, were that the country, following three decades of military dictatorship, had not promulgated any act offering amnesty for human-rights offenses committed during that period, and that the country's Constitution included a prohibition of torture that could not be derogated under any circumstances. Cited among matters of concern were that the current draft criminal code, long awaited, did not include a sufficiently precise definition and law prohibiting torture; that reliable sources indicated that public officials still carried out acts of torture, although not as frequently as in the past, particularly in police stations and primary detention centres, as a means of obtaining confessions or information, which then were used in court; and that soldiers were frequently subjected to unacceptable physical abuse during compulsory military service. Among the Committee's recommendations were that the country's Office of Defender of the People be promptly implemented and that the Office's powers be quickly developed; that systematic procedures be established for monitoring and review of State agencies to protect against acts of torture; that detention and prison conditions be improved; that information be provided to the Committee quickly on sanctions applied to public authorities found to have carried out or abetted torture;
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and that systematic educational and informational programmes be carried out on prevention of torture.
The Committee noted among other positive aspects to the situation in Sweden that domestic law relating to refugees had been revised, and that protections for displaced persons had been expanded; and that material and political support was provided by the country for victims of torture, both within the country and internationally. It cited concern, among other things, that information had been received of isolated cases of ill-treatment by police; and that crowd control was sometimes carried out by police through the use of dogs. Among its recommendations were that the Government incorporate the provisions of the Convention in Swedish law, as it had already done with the European Conventions on Human Rights; that the Government consider discontinuing entirely its system of "restrictions" leading to solitary confinement for persons in pre-trial detention, except in certain special cases; and that the Government reconsider the use of dogs as a method of crowd control.
Among positive developments remarked upon by the Committee in the case of Namibia was the clear proclamation in the country's Constitution that no person should be subjected to torture and that testimony obtained under torture was not admissible as evidence in Namibian courts. Concern was cited, among other things, that a specific definition of the crime of torture had not been incorporated into penal legislation; that in many cases pre-trial detention lasted as long as a year due to lack of judicial personnel for processing cases; that although cases of torture and ill-treatment had been reduced since the country's achievement of independence, such acts continued to be committed, especially in some areas of the country; and that there was a failure on the part of the Government to investigate promptly and impartially and suitably punish those responsible for past and present acts of torture or ill-treatment. Among the Committee's recommendations were that evidence obtained by torture in criminal and other proceedings not be used in courts; that independent agencies and an independent police complaint authority be established to inspect places of detention and prisons, and to investigate complaints of police ill-treatment; that measures be introduced to reduce the accumulation of criminal cases resulting in illegal pre-trial detentions; that specific allegations of ill-treatment brought to the Committee's attention be duly investigated and that the results of such investigations be transmitted to the Committee, including investigations into the disappearance of various detainees of SWAPO (Southwest African People's Organization) during its period as a liberation movement; that traditional leaders in community courts in Namibia be made to comply with established regulations for ordering pretrial detention or that they be stripped of the power to order such detentions; and that corporal punishment be abolished promptly.
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Background on Convention, Committee
The General Assembly unanimously adopted the Convention in 1984 and it entered into force on 26 June 1987. States parties to the Convention are required to outlaw torture and are explicitly 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 they 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.
At present, the Convention has been ratified or acceded to by the following 102 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, Estonia, Ethiopia, Finland, France, Georgia, Germany, Greece, Guatemala, Guinea, Guyana, Honduras, Hungary, Iceland, Israel, Italy, Jordan, Kenya, Kuwait, Latvia, Libya, Liechtenstein, Lithuania, Luxembourg, Malawi, Malta, Mauritius, Mexico, Monaco, Morocco, Namibia, Nepal, Netherlands, New Zealand, Norway, Panama, Paraguay, Peru, Philippines, Poland, Portugal, Republic of Korea, Republic of Moldova, Romania, Russian Federation, Senegal, Seychelles, Slovakia, 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, Yugoslavia and Zaire.
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The following 39 States have recognized the competence of the Committee under articles 21 and 22: Algeria, Argentina, Australia, Austria, Bulgaria, Canada, Croatia, Cyprus, Czech Republic, Denmark, Ecuador, Finland, France, Greece, Hungary, Iceland, Italy, Liechtenstein, Luxembourg, Malta, Monaco, Netherlands, New Zealand, Norway, Poland, Portugal, Russian Federation, Senegal, Slovakia, Slovenia, Spain, Sweden, Switzerland, Togo, Tunisia, Turkey, Uruguay, Venezuela and Yugoslavia. 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 the following members: Peter Thomas Burns (Canada), Guibril Camara (Senegal), Georghios M. Pikis (Cyprus), Mukunda Regmi (Nepal) and Bostjan M. Zuapancic (Slovenia).
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