COMMISSION ON HUMAN RIGHTS CONTINUES DEBATE ON TORTURE, DETENTION, INVOLUNTARY DISAPPEARANCES

Press Release
HR/CN/843

COMMISSION ON HUMAN RIGHTS CONTINUES DEBATE ON TORTURE, DETENTION, INVOLUNTARY DISAPPEARANCES

(Reissued as received.)

GENEVA, 2 April (UN Information Service) -- The protection of the rights of detainees and the prevention of torture were among the issues raised this morning, as the Commission on Human Rights discussed such questions as the elaboration of a system of visits to places of detention throughout the world.

The visits would take place under an optional protocol to the Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment. This morning, Carlos Vargas Pizarro, head of the panel drafting the optional protocol, told the Commission that it was particularly important at this stage of the process to conclude discussion on measures governing preventive visits to States, and on procedures for objections to aspects of particular visits. There also was careful work needed on the article relating to possible publication of findings following visits.

In addition to prevention of torture, the Commission also discussed the treatment of torture victims. Ivan Tosevski, member of the Board of Trustees of the United Nations Voluntary Fund for Victims of Torture, said last year the High Commissioner for Human Rights had approved the Board's recommendations for grants to 104 projects submitted by 94 humanitarian organizations in 54 countries for a total amount of $2,936,054. However, he added, the total number of requests for funding received by the secretariat at the Fund amounted to $6.8 million.

This year, the Fund has received 120 project proposals, requiring a total amount of $23 million. As a rule, and considering the financial constraints of the Fund, a request cannot exceed a third of the total budget of a project. Since a total amount of $6.9 million has been requested this year, the real needs of the projects submitted to the Fund are over $23 million. As of today, Mr. Tosevski said, contributions paid to the Fund by 31 governments and one non-governmental organization (NGO) amount to about $2 million.

Among the statements by country representatives, the delegate of the United Kingdom said the European Union believed it was very much in the interest of Algeria that its Government take steps to investigate allegations

of torture which had aroused deep concern. The Union welcomed the Algerian Government's confirmation that it intended to fully meet its international human rights obligations in the context of its programme for democracy and transparency, she added.

Also this morning, the Minister of Justice and Human Rights of Togo, Bamouni Somolou Stanislas Baba, told the Commission of his country's efforts to establish the rule of law and guarantee human rights to all its citizens.

Representatives of the following countries took the floor during the debate on the human rights of all persons subjected to any form of detention or imprisonment: Chile, Venezuela, Senegal, Republic of Korea, Argentina, Austria, Indonesia, Ireland, Bosnia and Herzegovina, Andorra, Norway and Egypt.

A series of NGOs also participated in the debate, with many accusing a number of countries of practicing torture or tolerating poor conditions of detention. The NGOs making statements were: Liberation, International Prison Watch, International Indian Treaty Council, International Federation of Journalists, Movement against Racism and for Friendship among Peoples, Indian Council of Education, and European Union of Public Relations.

Statement by Minister of Justice and Human Rights of Togo

BAMOUNI SOMOLOU STANISLAS BABA, Minister of Justice and Human Rights of Togo, said the Commission had been able to tackle the harsh reality of the human rights situation in the world. As the new millennium approached, the world had hoped to enter a period of greater cooperation, peace and prosperity However, no one could ignore that for many States, there was unrest and armed conflict; in Africa that had led to a deterioration of the human rights situation. Moreover, there was nowhere in the world where the human rights record was perfect. Therefore, Togo welcomed the Commission's search to find solutions to violations of human rights everywhere.

None the less, he said, there have been many democratic changes in African States. Those countries were still suffering more than others from the problems of the end of the millennium and had to undertake genuine democracy. Togo subscribed to the ideas in the Universal Declaration of Human Rights and had acceded or ratified all the relevant human rights treaties. The rights enshrined in the Declaration were an integral part of the Constitution of Togo; the Government had reaffirmed its commitment and dedication to human rights and had undertaken a vast implementation programme.

Concerning children, he said no era had seen so much being done for them; at the same time, no era had seen them in so much danger. Togo recognized that the best interest of the child must be of overriding concern and, accordingly, had ratified all relevant conventions. Togo was also

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allowing women to flourish. The Government considered female genital mutilation to be a major violation and was carrying out a campaign to abolish the practice.

The right to life and a decent living standard was the Government's aim, he said. Efforts must be increased to help developing countries so that they could bring about full prosperity for their peoples. Togo needed help and resources from donors and the international community to support sustainable human development for its people. At the same time, the Government would work tirelessly to bring about the genuine rule of law.

Statements in Debate

SHAIF ABDULGALEEL, of Liberation, said arbitrary detention and torture continued in Yemen, where citizens were repeatedly subjected to severe abuses and repressive practices by the authorities. All the security agencies under the Ministry of the Interior were involved in routine torture. Members of opposition parties, such as the Rabat Abnaa Al-Yemen and the Yemen Socialist Party, were particularly at risk, although torture of non-political prisoners was also widespread. The recent imprisonment and torture of leading opposition politicians, like Mohsin Almoody and Hasan Ba-aum, was indicative of the prevailing situation. Human rights groups, including Amnesty International, in its most recent report, had documented eyewitness testimony of torture in various police stations and detention centres of the Political Security and Military Intelligence agencies. Liberation urged the Yemeni Government to ensure adherence to all international covenants to which it was a signatory.

SOPHIE CHABANET, of International Prison Watch, said it was concerned about conditions of detention in Latin America; Ecuador, Venezuela and Mexico caused particular concern. In Ecuador, detainees got no medical care during detention which could continue for weeks or months; they were also subjected to psychological threats. Detainees were held in overcrowded, small cells in which the plumbing was usually blocked. Minors were placed together with adults in those detention centres. Serious violations had also been reported in Venezuela, where police forces beat prisoners and where more than 600 cases of abuse had been reported from October 1996 to September 1997. Detainees were given electric shocks, suffocated with plastic bags, and insulted and threatened with reprisal; such violence had led to many deaths. In Mexico, detainees were subject to prison rules which varied from day to day according to the whim of prison officers. Many detainees were kept in isolation in cells with no ventilation and where the toilet was a hole in the ground. Visits were strictly controlled and family members of detainees were stripped and searched before seeing their relatives.

JUAN LEON CITI, of the International Indian Treaty Council, said types of disappearances included those of persons working to improve economic,

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social, and cultural conditions, and those carried out against children, as well as adults, for purposes of protecting operations of prostitution. Such crimes had the same irreversible psychological effects on the family and on society, which, over time, led to insecurity and instability and threatened States. In Mexico, there had been cases of disappearances carried out by paramilitary groups or police; witnesses said victims were beaten, threatened, and interrogated before being taken to undisclosed locations. During the armed conflict in Guatemala, more than 45,000 people disappeared or were kidnapped, and their whereabouts were still unknown. A member of Defence of the Mayas on 13 March had disappeared in Guatemala after being tortured; he worked on empowerment of the Maya. The organization was under constant surveillance by armed men in vehicles with tinted windows, and there was a sense of terror among members of Defence of the Mayas. Disappearances in Colombia, of human rights advocates, among others, also were widespread, and studies and investigations of such violations should be accelerated by the Commission. Countries that used such disappearances as a way of intimidating human rights and indigenous rights defenders should be penalized by the Commission.

CAILIN MACKENZIE, of the International Federation of Journalists, said her group had put general comments before the Commission outlining practices which were carried out by government throughout the world involving assault and incarceration of journalists. In 1997, murders of journalists and media workers by State agents had taken place in Algeria, Argentina, Brazil, Cambodia, Colombia, El Salvador, Guatemala, India, Indonesia, Iran, Mexico, Pakistan, Peru, Philippines, Russian Federation, Rwanda, Sierra Leone and Ukraine. Most of those killings would remain unsolved, and some of the investigations would be directly or indirectly hindered by agents of the State. Journalists faced other problems. In Ethiopia, the anti-democratic and inhumane conduct of the authorities towards the independent and private press continued, while Indonesia, Nigeria and Peru detained journalists.

CARLOS VARGAS PIZARRO (Costa Rica), Chairman/Rapporteur of the Working Group charged with elaborating an optional protocol to the Convention against Torture, introducing his report, said the regime for the protection of human rights was not a static thing, but changed to respond to new situations. Circumstances related to torture were no exception, and in 1992 the Commission had formed the working group to respond to new developments. The intent was to develop a system of periodic visits by experts to places of detention on the territory of State's parties to discover any problems and to recommend changes to eliminate those problems. The trend was to prevent violations of human rights rather than to punish such violations after they had occurred. The method was to carry out dialogue between the expert body and the State.

The working group had met six times for periods of two weeks each time, he said. The time in fact seemed very short, although a second reading of the draft was now under way. At the most recent meeting in October 1997, 13 articles were

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adopted. The legal dynamism that prevailed at that last session had made possible a hard and rich debate, a tiring but sincere negotiation in which cooperation was always present among States participating, and good faith in the purpose of the protocol. A number of articles still remained to be examined; far-ranging negotiations were necessary immediately on a group of six articles. Of particular importance were measures governing preventive visits to States, and on procedures for objections to aspects of particular visits; there also was careful work needed on the article relating to possible publication of findings following visits. Reservations to the protocol were an additional area requiring further discussion.

IVAN TOSEVSKI, member of the Board of Trustees of the United Nations Voluntary Fund for Victims of Torture, recalled last year that the Board's recommendations had been approved for grants to 104 projects submitted by 94 humanitarian organizations in 54 countries for a total amount of $2,936,054. However, the total number of requests for funding received by the secretariat at the Fund amounted to $6.8 million. The Fund's grants, thus, covered only 43 per cent of all requests.

This year, 120 project proposals had been received, requiring a total amount of $23 million. As a rule, and considering the financial constraints of the Fund, a request could not exceed a third of the total budget of a project. Since a total amount of $6.9 million had been requested this year, the real needs of the projects submitted to the fund were over $23 million. As of today, contributions paid to the Fund by 31 governments and one NGO amounted to about $2 million.

He said the United States had been the largest donor to the Fund in 1997, with $1.5 million. The situation of the Fund would be better this year with about $5 million, compared with about $3 million in 1997.

JEAN-JACQUES KIRKYCHARIAN, of the Movement against Racism and for Friendship among All Peoples, said the death penalty was clearly a cruel, inhuman and degrading punishment. That was so whether it was carried out in a sanitary or loathsome way, as in Iran, where people were still hanged from cranes or stoned to death in prison yards. Looking at the principle, the death penalty was a moral instigation to crime, the logic being that if the State could kill, then citizens could, too. The system in the United States was an example, where two young children had just killed their school friends and a teacher. Moreover, nothing was more terrible than the long anguish of being on death row, as was the case of Mumia Abu Jamal, sentenced to death more than 15 years ago after an incredible trial. Accused of killing a policeman, the judge in his case was also a retired policeman. Mr. Abu Jamal should be retried, if only to create greater confidence in American justice. Black Americans, like Mr. Abu Jamal, were a minority, yet they made up a majority in American prisons. That was not surprising because blacks were the

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focus of poverty, social exclusion and lack of education; they were victims of de facto racism.

LUIS LILLO (Chile) said difficulties arose in determining the verifiability and admissibility of complaints of torture and ill-treatment: someone had to decide, and often facts and credibility were hard to establish. The experts and special rapporteurs involved in review of such claims could be placed under tremendous pressure. The special rapporteur's work and that of other prime actors in the field would be greatly helped if the optional protocol to the Convention against Torture could be completed and then employed as a tool to make their work more effective. The mandate of the relevant working group should be extended so that it could carry on with its vital task of developing a draft optional protocol. Meanwhile, the Convention against Torture should receive more ratifications -- that would be a valuable indication of international resolve to eradicate torture. Chile, as a sign of its commitment, would continue to contribute to the Voluntary Fund for Victims of Torture; it also supported efforts to compensate victims of torture.

VICTOR RODRIGUEZ (Venezuela) said he regretted that information supplied to the Special Rapporteur on torture by Venezuela did not figure in his report. The Venezuelan Government had undertaken a series of legislative measures and had reformed the administration of justice. Since the visit in 1996 of the Special Rapporteur, the Government had implemented comprehensive reforms pertaining to prevention of torture and arbitrary detention. In the newly reformed system of administration of justice, a jury system functioned and the impartiality of judges was strengthened. Furthermore, a draft law was under preparation which would classify torture as a crime. Moreover, Venezuela believed that education was essential as preventive measure in all spheres of human rights respect, and had accordingly introduced human rights training in all schools. The police, the army and public servants were also included in programmes aimed at disseminating the values of human rights.

ABSA CLAUDE DIALLO (Senegal) said her country had ratified the Convention against Torture and Other Cruel or Inhuman Treatment or Punishment almost 12 years ago, evidence of Senegal's awareness that the Convention was a major new step in efforts to promote universal respect and enjoyment of human rights. Ratification was easy because Senegal's Constitution already stated that all human beings were sacred; all Senegalese enjoyed the right to life and physical integrity, and torture was severely punished. However, the war against torture was not an easy or simple one -- it had to be waged at all levels and on all fronts. Senegal emphasized both prevention through education and dialogue, as well as implementation of the specific provisions of the Convention. In addition to common rules on detention, which, among other things, specified how long a detainee could be held and interrogated, Senegal had a special procedure whereby the lawyer of a detained person could ask for a medical examination of that person at any time. The Government had also established a committee to investigate any complaints of human rights violations.

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CHUL KI JU (Republic of Korea) said the country considered proper use of "urgent action" procedures as an effective and necessary means of providing immediate assistance to those whose lives were threatened by human-rights infringements. The Government was headed by a new President, chosen from an opposition party, who once had been a victim of human rights abuses, torture, and arbitrary detention. He was fully aware of the need to reinforce continually human rights measures. Upon his election, he had granted 2,304 prisoners an amnesty. Korean cases referred to in the reports of the working group on arbitrary detention and the Special Rapporteur on Torture had been replied to. The individuals in question had been tried fairly, and some had already been released either through bail or amnesty. Details would be submitted shortly. Allegations made by certain NGOs regarding so-called long-term prisoners in his country or the Korean National Security Law were factually incorrect and biased, and apparently were based on unconfirmed or unreliable evidence. The Republic of Korea did not flatter itself by thinking it had a flawless human rights record; it remained vigilant and continued its efforts to improve.

HERNAN PLORUTTI (Argentina) said his country welcomed the progress made by the Working Group on the drafting of the optional protocol to the Convention against Torture. Argentina had created a hierarchy for international instruments at the national level, including the Convention against Torture, in the context of changes to the 1994 Constitution. Those changes had hastened the eradication of torture. The Government had also undertaken legislative measures to put an end to impunity. Argentina's fight against impunity was illustrated by the decision in 1995 to extradite to Italy Erich Priebke, indicted for war crimes during the Second World War. Argentina had also strengthened safeguards to protect suspects; any person wrongly indicted was rehabilitated. The prison inspectorate had also contributed a great deal in detecting irregularities in treating inmates. Argentina had ratified the Inter-American Convention on Forced or Involuntary Disappearances and had put in practice legislative acts to reinforce the Convention.

AUDREY GLOVER (United Kingdom), on behalf of the European Union and a number of Central and Eastern European countries, said the Union called on all governments to ensure that their domestic laws and legal systems protected against violations of the rights to a fair trial and to protection from ill-treatment in custody. Governments should also bring to justice those suspected of violating these rights, and, if they had not done so, should consider acceding to the International Covenant on Civil and Political Rights and the Convention against Torture. The European Union also urged governments to allow access for United Nations machinery responsible for monitoring States adherence to the basic international standards for detention and torture. The Union itself was not free from incidents of detention which violated those basic standards. However, national legal systems existed to address them and Union countries allowed for external procedures to pursue allegations of human rights violations.

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The Union believed it was very much in the interest of Algeria that its Government take steps to investigate allegations of torture which had aroused deep concern, she said. It welcomed the Algerian Government's confirmation that it intended to fully meet its international human rights obligations in the context of its programme for democracy and transparency.

ELISABETH BERTAGNOLI (Austria) said the country visits undertaken by the Special Rapporteur on the independence of judges and lawyers were a welcome addition to his activities; also welcome were his emphasis on dialogue with Governments and on specific recommendations on provision of technical assistance to strengthen independence of the judiciary. Greater attention was needed for the two main United Nations instruments on minimum standards for an independent judiciary: the Basic Principles on the Independence of the Judiciary and the Basic Principles on the Role of Lawyers. It was high time for States to ensure that children and juveniles in detention enjoyed their basic human rights, such as health care, sufficient nutrition, hygiene and education. They should be separated from adult inmates. In short, international standards in the field of juvenile justice must be observed.

KEMAL MUNAWAR (Indonesia) said, despite the current economic crisis, which was at the forefront of the new Government's preoccupations, Indonesia' commitment to improving its legal instruments for the promotion and protection of human rights remained a top priority. Public debates on human rights in Parliament, as well as in the mass media, had never been livelier. Those debates had culminated in the creation in the People's Consultative Assembly of a document providing five guiding principles for the promotion and protection of human rights. The document was incorporated in the broad guidelines of State policy for the years 1999 to 2003, recently adopted by Indonesia's highest governing body.

On the subject of East Timor, he said, it had been made to appear as if some Indonesians, including East Timorese people, were denied their basic human rights. That claim bore little resemblance to the facts. The truth was that the Government of Indonesia had never, and never would, discriminate against citizens. The rights of all Indonesian citizens were guaranteed by the 1945 Constitution and by the State laws.

ANNE ANDERSON (Ireland) said special rapporteurs provided an invaluable independent and analytical input in the work of the Commission. At a time when Param Cumaraswamy was the subject of legal action in Malaysia arising from his role as Special Rapporteur, it was particularly important to express recognition of his work. Mr. Cumaraswamy's report on his visit to the United Kingdom and Northern Ireland provided a good example of his painstaking and committed approach. He had met with a wide range of government representatives, private individuals and non-governmental organizations and received full cooperation with all government officials. Ireland continued to have serious

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concerns about the circumstances surrounding the killing of Pat Finucane and reports of the intimidation of other defence lawyers in Northern Ireland, issues raised by the Special Rapporteur. The Government thanked the Special Rapporteur for his detailed observations and his specific recommendations; they deserved very close attention.

ZELJKO JERKIC (Bosnia and Herzegovina) said resolution of the grave problem of missing persons was critical to reconciliation in the country, and without it there could not be a genuine and stable peace. Little was known about 20,000 persons accounted as missing, and as time passed it was less and less likely that most of the missing persons would be found alive; in fact, one assumed that most were victims of the horrible crime of genocide and ethnic cleansing. There was some information that there were still hidden prisons or detention camps in Serbia, and if true the camps should be investigated urgently. Families needed to know the fates of their loved ones so they could move forward and rebuild their lives, and the Commission had an obligation to help. The very fact that those indicted for war crimes were still at large represented the key obstacle for the entire peace process and for respect of human rights in the country. Many international agencies were involved in the research into missing persons. However, much remained to be done, including completion of the exhumation process now begun, followed by identification -- an extremely expensive and time-consuming project.

JULI MINOVES-TRIQUELL (Andorra) said in 1993 his country had replaced an ancient constitutional system established in 1278 with a modern one that enabled Andorra to participate in the work of the international community. Internal reform had also been undertaken to incorporate Andorra into the body of international legislation regarding human rights. While the Universal Declaration of Human Rights as such was recognized by the Constitution as binding for Andorra, the country's presence in the human rights field at the Council of Europe had been carefully taken care of in the past few years. Andorra attached great importance to the application the Convention against Torture and it was also a steady contributor to the Fund for torture victims.

DAG NYLANDER (Norway) said all States should protect the right to life and refrain from torture and other cruel, inhuman or degrading treatment or punishment. Furthermore, all human beings should be protected from arbitrary detention and involuntary disappearance. The rule of law was an essential precondition for the effective protection of human rights and for good governance. Also of vital importance was respect for people's right to freedom of opinion and expression. On the establishment of a permanent international criminal court, Norway believed it was of utmost importance to create that body to prevent and punish the most severe acts committed against human beings in the process of armed.

AMR HAFEZ (Egypt) said the country had participated in the group preparing an optional protocol to the Convention against Torture, a panel that

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deserved continued support. The Government also was cooperating fully with the Special Rapporteur on the question of torture. Cases involving Egypt were responded to in detail by the Egyptian Government; in all cases, it had been confirmed that conditions of arrest and detention were in line with international standards. The country paid scrupulous attention to such matters despite the challenges posed by terrorist threats, and any allegations of ill-treatment were quickly and thoroughly investigated. Impunity was closely associated with the matter of terrorism; the international nature of terrorism meant that combating it and combating impunity required extensive international cooperation. The former Libyan foreign minister mentioned yesterday by an NGO, who disappeared in Cairo, had not requested any special protection. After his disappearance, Egyptian authorities had responded swiftly and had since been far from lax in their investigation into the matter.

HARI OM GUPTA, of the Indian Council of Education, said public awareness was perhaps the most potent force that could be mobilized to counter the trend of oppression, particularly that practised by agencies of the State. Unfortunately, countries where the problem was most acute were also those which were increasingly victims of terrorism often financed and sponsored from abroad. The public perception in those countries was gradually shifting in favour of stern action against the terrorists. Yet, despite the existence of constitutional and legal mechanisms, people in those countries were often dismayed at the slow process of judicial action against terrorists. Another problem was that the current thrust of the expression "forced disappearances of people" ironically did not cover kidnapping and hostage-taking.

A.S. KHOLI, of the European Union of Public Relations, said there was a form of detention without bars, one in which the soul and mind were placed in the shackles of ideology. In Afghanistan, women were chained by laws and regulations that prevented them from meaningful occupation, productive economic endeavour and education. That was real imprisonment and detention, being a prisoner even if physically free. Pakistani women also remained the most oppressed section of the society in that country. Women in the West took their freedoms for granted, but there was a need to give thought to the condition of women in societies where such an environment existed and was deliberately perpetuated by law that women were treated as second class citizens. If the world was serious about ending detention, torture and degrading treatment, it should tackle the evil of groups that imprisoned the minds and souls of others.

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