COMMITTEE AGAINST TORTURE TO HOLD TWENTIETH SESSION AT GENEVA, 4 - 22 MAY
Press Release
HR/4359
COMMITTEE AGAINST TORTURE TO HOLD TWENTIETH SESSION AT GENEVA, 4 - 22 MAY
19980501 Background Release Panel Scheduled to Consider Reports by France, Norway, Guatemala, New Zealand, Germany, Peru, Panama, Kuwait, Sri Lanka, Israel(Reissued as received.)
GENEVA, 30 April (UN Information Service) -- The Committee against Torture will meet at the Palais des Nations in Geneva from 4 to 22 May to review the measures adopted by France, Norway, Guatemala, New Zealand, Germany, Peru, Panama, Kuwait, Sri Lanka and Israel to prevent and punish acts of torture. Representatives of those countries are expected to come before the Committee to defend their records in implementing the rights enshrined in the Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment.
During the two-week meeting, the panel's 10 independent experts will also study, in closed session, information appearing to contain well-founded indications that torture is being systematically practised in a State party. In addition, they will examine communications from individuals claiming to be victims of a violation by a State party of the provisions of the treaty. The large number of overdue reports from States parties on how they are applying the Convention will be another subject of discussion.
There are 104 States parties to the Convention, which requires signatories to outlaw torture and explicitly prohibits the use of "higher orders" or "exceptional circumstances" as excuses for acts of torture. The Committee was established in 1987 to monitor compliance with the Convention and to assist States parties in implementing its provisions.
Provisional Timetable For Consideration of Reports
In ratifying or acceding to the Convention, States are obliged to submit reports on the measures they have taken to implement it. States are invited to send representatives to attend the meetings during which their reports are considered. For this session, the Committee has drawn up the following provisional timetable for the consideration of reports: Tuesday, 5 May, second
periodic report of France (document CAT/C/17/Add.18); Wednesday, 6 May, third periodic report of Norway (document CAT/C/34/Add.8); Thursday, 7 May, second periodic report of Guatemala (document CAT/C/29/Add.3); Friday, 8 May, second periodic report of New Zealand (document CAT/C/29/Add.4); Monday, 11 May, second periodic report of Germany (document CAT/C/29/Add.2); Tuesday, 12 May, second periodic report of Peru (document CAT/C/20/Add.6); Wednesday, 13 May, third periodic report of Panama (document CAT/C/34/Add.9); Thursday, 14 May, initial report of Kuwait (document CAT/C/37/Add.1); Monday, 18 May, initial report of Sri Lanka (document CAT/C/28/Add.3); Tuesday, 19 May, second periodic report of Israel (document CAT/C/33/Add.3).
As each country report is taken up by the Committee, a summary of the relevant document will be in the press release covering that session.
Background on Convention and Committee
The Convention, adopted unanimously by the General Assembly in 1984, 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 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.
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
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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, 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 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, Slovakia, 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.
The Commission on Human Rights, at its just concluded session, invited States parties to the Convention to make the declarations under articles 21 and 22. It also invited parties to envisage withdrawing their reservations to article 20.
Other United Nations Activities against Torture
In addition to preventive measures, the United Nations has taken action to come to the aid of torture victims. In 1981 the General Assembly set up the United Nations Voluntary Trust Fund for Victims of Torture. At its last session, the Commission on Human Rights appealed to all governments, organizations and individuals in a position to do so to contribute to the Fund in order to allow it to respond to the constantly increasing number of requests for assistance. On the same day, 17 April, the Commission extended the mandate of its Special Rapporteur on Torture, encouraging all governments to envisage inviting him to visit their countries.
The Commission also requested the working group charged with elaborating a draft optional protocol to the Convention against Torture to continue its work with a view to achieving a definitive and concrete text. The draft
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optional protocol would establish a system of inspection visits to places of detention. The Chairman of the Committee and the Special Rapporteur were requested to participate in the proceedings of the working group.
Membership
The Committee's members are elected by the States parties to the Convention and serve in their personal capacity. The current members of the Committee are: Peter Thomas Burns (Canada); Guibril Camara (Senegal); Sayed Kassem el Masry (Egypt); Antonio Silva Henriques Gaspar (Portugal); Alejandro Gonzalez Poblete (Chile); Georghios M. Pikis (Cyprus); Bent Sorensen (Denmark); Alexander M. Yakovlev (Russian Federation); Yu Mengja (China), and Bostjan M. Zuapancic (Slovenia). Following the resignation of Mr. Pikis, Andreas V. Mavrommatis (Cyprus) will join the Committee on 4 May.
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