COMMITTEE AGAINST TORTURE CONCLUDES NINETEENTH SESSION GENEVA, 10-21 NOVEMBER

25 November 1997

Press Release
HR/4342

COMMITTEE AGAINST TORTURE CONCLUDES NINETEENTH SESSION GENEVA, 10-21 NOVEMBER

19971125 Reports of Cyprus, Argentina, Portugal, Switzerland, Cuba and Spain Considered

GENEVA, 21 November (UN Information Service) -- The Committee against Torture completed its nineteenth session this morning following a two-week series of meetings in which it issued specific measures to eradicate ill-treatment or torture in Cyprus, Argentina, Portugal, Switzerland, Cuba and Spain after examining the reports presented by their respective Governments.

At the Committee's twentieth session, from 4 to 15 May 1998, it is scheduled to consider reports from France, Germany, Guatemala, Kuwait, New Zealand, Norway, Panama, Peru, Sri Lanka and Tunisia. At the opening of this session, the Committee said it had received well-founded information about cases of torture in Israel and expressed its concern at the deteriorating situation in that country. The Committee addressed a letter to Israel requesting it to submit its second report before May so it can be considered at the next session.

During this session, the Committee's 10 experts reviewed the reports of the six countries which are among 104 States parties to the Convention against Torture and Other Cruel, Inhuman, or Degrading Treatment or Punishment. Under the terms of that Convention, Member States are required to provide the Committee with periodic summaries of their efforts to prevent any ill-treatment and to punish such acts if they occur.

Regarding the report of Cyprus, the Committee cited concern about continued reports of a number of cases of violence by police officers, and emphasized the continuous need for programmes of education and vigorous legal response to such instances.

The Committee also expressed concern about information it received on the increase in the quantity and gravity of cases of police abuse which sometimes resulted in serious injuries or death in Argentina. It recommended

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that Portugal revise its practice of the protection of human rights to render more effective the rights and freedoms recognized by the Portuguese legislation.

The Committee recommended that Switzerland put in place a mechanism in all of its cantons to receive complaints of ill-treatment by members of the police.

It was also concerned about the report of the Special Rapporteur of the Commission on Human Rights on the situation in Cuba, and reports of non-governmental organizations (NGOs), which suggested the occurrence of serious violations of the Convention regarding arrests, detention and persecution in Cuba. It cited concern about extended incommunicado detention which allowed the practice of torture in some regions of Spain.

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.

Conclusions and Recommendations on Country Reports

The Committee cited among the positive developments in Cyprus the legislative initiatives concerning mental health; the proposed creation of a national institution for the promotion and protection of human rights; and the reform of the evidence law. The Committee acknowledged the activities of the Ombudsman and the response of the Council of Ministers to established cases of police violence. It also welcomed the way in which the Convention had been incorporated into the domestic law of Cyprus. The panel expressed concern about reports of a number of cases of violence by police officers. It emphasized the continuous need for programmes of education and vigorous legal response to such instances.

The Committee said the fact that a victim was unable or unwilling to give evidence should not be a reason for non-prosecution when the case could otherwise be established. It added that the legal and administrative bodies in Cyprus were excellent. However, it advocated a strong programme of re-education for law enforcement personnel working in the field that emphasized the Government's commitment to human rights.

Mentioned among positive developments in Argentina was the adoption of the National Constitution which gave constitutional hierarchy to different treaties and international conventions on human rights, including the Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment. The Committee praised the ratification of the Inter-American Convention on Forced Disappearance of Persons and the Inter-American Convention on the Prevention, Punishment and Eradication of Violence against -

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Women, as well as the establishment of the Penitentiary Procurator as the authority in charge of safeguarding the respect of human rights of those detained in federal penitentiaries.

The Committee was concerned, among other things, about the discrepancy between the legal provisions for the prevention and punishment of torture -- which basically were in accordance with the Convention -- and the reality as described in reports received by the Committee. Those reports contained allegations of new cases of ill-treatment and torture carried out by police and prison staff. The reports also included information received about the increase in the quantity and gravity of cases of police abuse which sometimes resulted in serious injuries or death.

The Committee recommended, among others, that data collection on torture by the office of the Attorney General in Argentina be reinforced; the necessary measures be taken to overcome the shortcomings in collecting data of ill-treatment dealt with by courts; an efficient prevention policy be implemented to curb cases of torture; inquisitory methods of gaining information be terminated; performance of functions by judiciary organs in implementing the Penal Code be ensured; and the criminal procedure be revised to fix a time-frame for pre-trial detention and to avoid undue delay.

Among positive developments in Portugal noted by the Committee were the adoption and the implementation of programmes of education in the area of human rights with the view of combating ill-treatment and the adoption of a new Penal Code. The Committee expressed great satisfaction with the report of Portugal, for its comprehensive and detailed presentation. Concern was expressed over recent cases of ill-treatment, torture and even suspicious deaths, in which public security forces were suspected, particularly the police. It said that there was an absence of appropriate reaction by the competent authorities.

The Committee recommended that Portugal revise its practice of the protection of human rights to render more effective the rights and freedoms recognized by the Portuguese legislation; reduce the discrepancy between the law and its implementation; and pay special attention in treating the cases of violations by police and make a thorough investigation.

With regards to Switzerland, the Committee noted among positive developments, the affirmation that no case of torture was reported in the country; the entry into force of a provision against racial discrimination; and the cooperation with international penal tribunals in arresting indicted persons. Concern was expressed, among other things, about certain allegations of ill-treatment in the course of arrests and in police custody; the absence of mechanisms to follow-up complaints of ill-treatment; and the absence in some cantons of legal guarantees to enter into contact with a lawyer in case of arrest and the lack of examination by an independent medical doctor.

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Among the recommendations of the Committee were that a mechanism to receive complaints of ill-treatment by members of the police be put in place in all the cantons; that the penal procedures in all the cantons be harmonized; that the right of a suspected detainee to establish contact with his family and to be examined by an independent medical doctor after each interrogation and before he was eventually presented to the investigating judge be put in force; and that the definition of torture be included in the Penal Code.

The Committee cited among positive developments in Cuba its acknowledgement of universal jurisdiction for the trial of crimes against humanity, which included torture; the provision of the Cuban Labour Code that persons acquitted of criminal offenses were entitled to compensation for any period during which they were deprived of their liberty as a result of pre-trial detention; and the criminalization of every form of complicity in crimes against humanity, human dignity and offenses laid down in international treaties. It recognized that the imposition by the United States of a trade embargo had undermined the ability of Cuba to provide appropriate nutrition and proper medical care to prisoners.

The Committee expressed its concern about Cuba's failure to establish a specific crime of torture as required by the Convention. It was also concerned about the report of Carl J. Groth, Special Rapporteur appointed by the Commission on Human Rights on the situation in Cuba, and reports of NGOs which suggested the occurrence of serious violations of the Convention regarding arrests, detention and prosecution. Furthermore, it was concerned about certain types of offenses, such as "disrespect", "resisting authority", and "enemy propaganda", because they were vulnerable to misuse and abuse.

The Committee recommended, among other things, that a transparent permanent procedure for receiving complaints about torture and other inhuman and degrading treatment or punishment be established; that the right of the suspect or detainee to silence at all stages of investigation be incorporated into the law; that recurrent reviews of prisons as required by the Convention, with the view of improving conditions, be carried out; that the rules to the organization of the judicial system in accordance with international instruments on the subject, namely the United Nations guidelines on the independence of the judiciary, be revised; that a central register containing adequate statistical data about complaints of torture be established; and that human rights NGOs be allowed to participate in the identification of cases of torture and other inhuman and degrading treatment.

The Committee welcomed the incorporation of the characteristics of torture in the legal system of Spain in order to render effective protection of its citizens. It also cited the definitive abolishment of the death penalty and the reinforcement of the provision against torture in the new Penal Code as positive developments. The Committee noted the incompatibility

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of prolonged investigation of a detainee, which at times lasted up to 15 years, with the provisions of the Convention. It expressed concern about the extended incommunicado detention which allowed the practice of torture in some regions of Spain. The Committee was concerned about information it received on ill-treatment based on racial discrimination and on the acceptance by judges of confessions obtained under coercive investigative actions.

The Committee recommended that the Spanish authorities adopt measures which would take penal action against officials who perpetrated ill-treatment; allow detainees to enjoy their right to counselling; and adopt a procedure to investigate cases of ill-treatment or torture even if the victims were not able to complain.

Background on Convention and 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 practiced 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.

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At present, the Convention has been ratified or acceded to by the following 104 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, Democratic Republic of the Congo, Denmark, Ecuador, Egypt, El Salvador, Estonia, Ethiopia, Federal Republic of Yugoslavia, Finland, France, Georgia, Germany, Greece, Guatemala, Guinea, Guyana, Honduras, Hungary, Iceland, Israel, Italy, Jordan, Kenya, Kuwait, Kyrgyzstan, 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, Saudi Arabia, 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, and Yemen.

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, Federal Republic of Yugoslavia, Finland, France, Greece, Hungary, Iceland, Italy, Liechtenstein, Luxembourg, Malta, Monaco, Netherlands, New Zealand, Norway, Poland, Portugal, Russian Federation, Senegal, 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 and Officers

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

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

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