COMMITTEE AGAINST TORTURE CONCLUDES TWENTY-THIRD SESSION
Press Release
HR/4444
COMMITTEE AGAINST TORTURE CONCLUDES TWENTY-THIRD SESSION
19991202Considers Reports of Austria, Azerbaijan, Finland, Kyrgyzstan, Malta, Peru and Uzbekistan
(Reissued as received; delayed in transmission.)
GENEVA, 19 November (UN Information Service) -- The Committee against Torture this morning concluded its twenty-third session following two weeks of meetings at the Palais des Nations in Geneva. Among the final items the Committee took up were its conclusions and recommendations to the report from Uzbekistan in regard to that country's compliance with the Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment.
During the course of the session, the Committee considered reports and recommended measures to prevent ill-treatment of detainees or prisoners in Austria, Finland, Malta, Peru, Uzbekistan, Kyrgyzstan and Azerbaijan. The latter three countries, relatively new signatories to the Convention, submitted reports to the Committee for the first time.
The seven countries submitted their reports and sent government delegations to appear before the Committee 10 independent experts to answer questions in keeping with their obligations as States parties to the Convention. One hundred and eighteen countries have ratified the Convention.
In addition to reviewing country reports in public session, the Committee also considered in a series of private meetings information appearing to contain well-founded indications that torture was being systematically practised in a State party. In addition, they examined communications from individuals claiming to be victims of a violation by a State party of the provisions of the treaty. Information on decisions taken on these allegations will be released later. Such communications were accepted only if they concerned those 40 countries which have declared the Committee competent to receive the complaints under article 22 of the Convention.
Also during the session, Bertrand Ramcharan, the United Nations Deputy High Commissioner for Human Rights, told the Committee it was time for the international community to begin to take more practical measures to prevent human rights violations. Prevention would be a priority issue at next year's
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Commission on Human Rights, he said. As an example of the type of action he would like to see, he suggested a checklist for States parties to use when reviewing their obligations to the Convention.
The Committee's next session is scheduled to take place from 1 to 19 May 2000. It is expected to consider the reports of the Netherlands, Poland, Portugal, People's Republic of China, Paraguay, Armenia, El Salvador, Slovenia, and the United States of America.
Conclusions and Recommendations on Country Reports
In its conclusions and recommendations to Austria, the Committee welcomed a number of developments in that country, including the Security Police Act of 1993 and the Guidelines for the Intervention of Organs of Public Security. The fact that the Federal Government was required to submit an annual Security Report to the Austrian Parliament was also noted, as was the establishment of an inspection system in accordance with the provisions of article 11 of the Convention. The Code of Criminal Procedure Modification Act 1993 and the Basic Rights Complaint Act of 1992 were two other legal measures that the Committee regarded as positive developments.
The Committee recommended that Austria incorporate adequate penal provisions to make torture, as defined in article 1 of the Convention, a punishable offence in accordance with article 4, paragraph 2 of the Convention. It said clear instructions should be given to the police by the competent authorities to avoid any incidence of ill-treatment by police agents. Such instructions should emphasize that ill-treatment by law enforcement officials shall not be tolerated and shall be promptly investigated and punished. Concerning the third periodic report of Austria, which was due in August 1996, the Committee said it could be prepared in accordance with its guidelines and submitted by December 2000.
Cited among the satisfactory developments in Azerbaijan by the Committee were ongoing efforts to establish a legal framework based on universal human values to safeguard fundamental human rights, including the freedom from torture. The Committee also noted efforts to decrease the number of arrests, improve conditions in prisons and upgrade the selection and training of police officers and prison staff. The right of access to legal counsel from the moment of arrest was welcomed, as was the empowerment of the courts to sanction such arrests. Also cited was the State party's willingness to closely cooperate with international and regional bodies, such as the Office of the United Nations High Commissioner for Human Rights, the Council of Europe and the Organization for Security and Cooperation in Europe (OSCE), as well as with international and national non-governmental organizations.
The Committee recommended, among other things, the State party fulfil its intention to incorporate adequate penal provisions to make torture a crime, as defined by the Convention. In view of the numerous reports of allegations of torture and ill-treatment by law enforcement personnel, the State party should take all necessary effective steps to prevent the crime of torture and other
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acts of cruel, inhuman or degrading treatment or punishment. The Committee said the State party should ensure the investigation and, where appropriate, the prosecution of those accused of having committed the crime of torture, and ensure amnesty laws excluding torture from their reach. The State party should consider repealing laws which may undermine the independence of the judiciary, such as provisions relating to renewable term appointments.
Among the positive aspects of the report of Finland cited by the Committee were several new legal measures including the Act on the Enforcement of Sentences; the amendment of the Mental Health Act; the Act on State Mental Hospitals; and the amendment of the Military Discipline Act. Reforms in the Finnish public prosecution system were also noted with satisfaction. Specific measures taken to improve prison conditions for Roma people and foreigners were cited as positive, as were statistics indicating a decrease in the prison population in Finland. Efforts made in educational programmes for police and personnel dealing with asylum seekers were also praised. Legal measures taken to accommodate asylum seekers in places other than prisons was another positive development.
The Committee recommended that Finland incorporate adequate penal provisions to make torture a punishable offence in accordance with the Convention. It also proposed that the law governing isolation in pre-trial detention places be changed by establishing judicial supervision for the determination of the isolation, its duration, and its maximum period.
Among the positive aspects cited by the Committee in the report of Kyrgyzstan were the continuing efforts to establish a legal framework based upon universal human values to safeguard fundamental human rights, including the freedom from torture and other cruel, inhuman or degrading treatment or punishment. The suspension of the death penalty for a period of two years and its application to only a few serious offences was also a positive development. The Committee noted with satisfaction the repeal of the "supervisory" role of the procurator in a criminal trial. It also welcomed the provisions of the new Code of Criminal Procedure, which permitted a detained person access to the lawyer of his or her choice from the moment of detention, and obliged the investigating officer to notify the detainee's family of the arrest immediately.
The Committee recommended Kyrgyzstan amend the domestic penal law to include the crime of torture, consistent with the Convention. It was also recommended that the Government take all necessary steps to prevent torture and continue reforms of the police, prosecution and judicial institutions, particularly reforms leading to an independent judiciary. Recommendations were also made concerning improvements in prison conditions. And there was a need to supervise military places of detention and prisons to ensure inmates were not maltreated. The Committee said Kyrgyzstan should consider abolishing the death penalty and make the declaration under articles 21 and 22 of the Convention.
In its conclusions and recommendations to Malta, the Committee welcomed the improvement of correctional facilities, in particular, arrangements for housing illegal immigrants as well as its practice of entrusting the supervision
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of asylum seekers to the normal police instead of the Special Assignment Group. The Committee welcomed the ratification of the 1957 European Convention on Extradition. And it noted as a positive aspect the inclusion of human rights in the training of the police academy. It also welcomed the expected presentation to Parliament of the Asylum Act, which includes, among other things, the removal of the geographical exception to asylum seekers. Other welcome developments included the right to appeal the Commissioner's decision, and the fact that asylum seekers cannot be deported before a final decision was taken on their case.
The Committee recommended Malta ensure the envisaged Asylum Act be consistent with the provisions of the Constitution. It also wished to see Malta ensure that victims of torture were not dissuaded from lodging a complaint through the use of intimidation tactics or threats. The Committee said the next periodic report, due in October 1999, should be submitted in December 2000.
The Committee noted several positive aspects concerning the report submitted by Peru, including the adoption of a crime of torture, in broad conformity with the Convention, and the policy of placing the crime of aggravated treason within the jurisdiction of the civil courts. It was also pleased to learn of the comprehensive programme of education undertaken in all branches of the civil and armed forces to raise awareness of human rights obligations, in particular the prohibition against torture. It noted with satisfaction the gradual withdrawal of the state of emergency laws from most of the country, and the declared intention to lift them completely in 2000. Two recent developments also cited by the Committee as positive steps were the establishment of the office of the Ombudsman and the creation of a National Registry of Detainees and the Persons Sentenced to a Custodial Penalty.
The Committee recommended Peru ensure vigorous investigation and, where appropriate, prosecution of all reported instances of alleged torture and ill- treatment by civil or military authorities. It stated the period of pre-trial incommunicado detention should be abolished, as should the automatic period of solitary confinement for person convicted of terrorist offences. Amnesty laws should also exclude torture from their reach, the Committee said. The special regime that applied to convicted terrorists should be reviewed in order to gradually abolish the virtual isolation and other restrictions that may, in certain cases, amount to torture, as defined in the Convention. The Committee also recommended the Government establish a national registry of persons claiming to be victims of torture. The Committee also emphasized the State party should return jurisdiction from military to civil courts in all matters concerning civilians.
Among the positive developments cited by the Committee concerning the report of Uzbekistan to promote and be in compliance with the Convention were several positive aspects, including the fact that Uzbekistan had adopted the criminalisation of torture as an independent offence, accompanied by severe punishment. The Committee was also pleased with the country's efforts to disseminate and teach human rights education. The adoption of a legal code and
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a decision of the Plenary Assembly of the Supreme Court, which prohibits the admissibility of evidence obtained through the use of torture, was also noted. The Committee also considered significant the large number of investigations being conducted as a result of complaints alleging torture used by law enforcement authorities.
The Committee recommended Uzbekistan adopt a definition of torture in its domestic laws. It also suggested the Government review the system of treating cases of torture, so as to reduce the risk of impunity. The Committee recommended Uzbekistan undertake efforts to ensure the absolute respect for the principle of inadmissibility of evidence obtained by torture, and to formally prevent expulsion or extradition of persons to a State where they risk being submitted to torture. The Committee also proposed that Uzbekistan make the declaration under articles 21 and 22 of the Convention.
The Committee also noted that Uzbekistan's next report, due in October 2000, should include the answers missing in its responses to the Committee this session, particularly as they concern questions asked about the number of persons executed during the last two years.
States Parties to Convention
The Convention has been ratified or acceded to by the following 118 States: Afghanistan, Albania, Algeria, Antigua and Barbuda, Argentina, Armenia, Australia, Austria, Azerbaijan, Bangladesh, Belarus, Belgium, Belize, Benin, Bolivia, Bosnia and Herzegovina, Brazil, Bulgaria, Burkina Faso, 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, Finland, France, Georgia, Germany, Greece, Guatemala, Guinea, Guyana, Honduras, Hungary, Iceland, Indonesia, Israel, Italy, Japan, Jordan, Kazakhstan, Kenya, Kuwait, Kyrgyzstan, Latvia, Libya, Liechtenstein, Lithuania, Luxembourg, Malawi, Mali, Malta, Mauritius, Mexico, Moldova, Monaco, Morocco, Mozambique, Namibia, Nepal, Netherlands, New Zealand, Niger, Norway, Panama, Paraguay, Peru, Philippines, Poland, Portugal, Republic of Korea, Romania, Russian Federation, Saudi Arabia, Senegal, Seychelles, Slovak Republic, Slovenia, Somalia, South Africa, Spain, Sri Lanka, Sweden, Switzerland, Tajikistan, Turkmenistan, The former Yugoslav Republic of Macedonia, Togo, Tunisia, Turkey, Uganda, Ukraine, United Kingdom, United States, Uruguay, Uzbekistan, Venezuela, Yemen, Yugoslavia and Zambia.
The following 40 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, Slovak Republic, Slovenia, South Africa, Spain, Sweden, Switzerland, Togo, Tunisia, Turkey, Uruguay, Venezuela and Yugoslavia. In addition, Japan, the United Kingdom and the United States have recognized the competence of the Committee under article 21 only.
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Membership and Officers
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); Alejandro Gonzalez Poblete (Chile); Andreas Mavrommatis (Cyprus); Ada Polajnar-Pavcnik (Slovenia); Antonio Silva Henriques Gaspar (Portugal); Bent Sorensen (Denmark); Alexander M. Yakovlev (Russian Federation); and Yu Mengjia (China).
Mr. Burns is Chairman. Vice-Chairpersons are Mr. Camara, Mr. Gonzalez Poblete and Mr. Yu. Mr. Sorensen is Rapporteur.
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