COMMITTEE AGAINST TORTURE TO HOLD TWENTY-FOURTH SESSION AT PALAIS DES NATIONS, 1 TO 19 MAY

1 May 2000

Press Release
HR/4469

COMMITTEE AGAINST TORTURE TO HOLD TWENTY-FOURTH SESSION AT PALAIS DES NATIONS, 1 TO 19 MAY

20000501 Background Release

Panel Scheduled to Consider Reports from Poland, Portugal, China, Paraguay, Armenia, El Salvador, United States, Netherlands and Slovenia

GENEVA, 28 April (UN Information Service) -- The Committee against Torture will meet at the Palais des Nations in Geneva from 1 to 19 May to review the measures adopted by Poland, Portugal, China, Paraguay, Armenia, El Salvador, United States, Netherlands and Slovenia to prevent and punish acts of torture. Representatives of the nine 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 three-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 practiced 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 Convention. The large number of overdue reports from State parties on how they are applying the Convention will be another subject of discussion.

At the beginning of the session, the members of the Committee who were elected or re-elected will make the following declaration: “I solemnly declare that I will perform my duties and exercise my powers as a member of the Committee against Torture honourably, faithfully, impartially and conscientiously”. After this, the Committee shall elect from among its members a chairperson, three vice- chairpersons and a rapporteur.

There are 119 State 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 State parties in implementing its provisions. The latest State party to ratify the Convention since the last session is Qatar.

In its observations and recommendations issued in November 1996 on the second periodic report of Poland, the Committee noted with satisfaction the progress made in combating the different forms of torture. It expressed concern about certain shortcomings in the legislation in force intended to combat torture, and that Polish legislation permitted periods of pre-trial detention which might prove excessive. The Committee recommended, among others, that the Government reform the legal system which would offer the possibility of formal, effective and

- 2 - Press Release HR/4469 1 May 2000

concrete judicial verification of the constitutionality of police custody and pre- trial detention with a view to implementing the provisions of the Convention. It also recommended that objective inquiries be initiated, and pursued with due dispatch, into the activities of the security forces in order to determine the veracity of allegations of acts of torture and, where the findings were positive, to bring the offenders before the courts.

In its conclusions on the initial report of Portugal, considered in November 1997, the Committee expressed its gratification at that State party's impressive efforts in the legislative and institutional spheres to bring its legislation into line with the obligations resulting from its accession to the Convention. The Committee said it was seriously concerned about the recent cases of ill-treatment, torture and, in some instances, suspicious death attributed to members of the forces of law and order, especially the police, as well as the apparent lack of any appropriate response by the competent authorities. The Committee recommended that Portugal revise its practice regarding the protection of human rights so as to make the rights and freedoms recognized in Portuguese law more effective, and to narrow or even eliminate the gap between the law and its implementation.

Concerning the second periodic report of China, considered in May 1996, the Committee welcomed the fact that there were instances reported of police officials being prosecuted and convicted for acts of torture in China, including Tibet. The Committee was concerned that according to information supplied by non-governmental organizations, torture might be practiced on a widespread basis in China and that the special environment that existed in Tibet continued to create conditions that resulted in alleged maltreatment and even death of persons held in policy custody and prisons. The Committee, among others, recommended that China should enact a law defining the crime of torture in terms consistent with article 1 of the Convention, and should establish a comprehensive system to review, investigate and effectively deal with complaints of maltreatment, by those in custody of every sort.

In its concluding observations on the second periodic report of Paraguay, considered in May 1997, the Committee welcomed the fact that the Paraguayan Constitution gave constitutional rank to the prohibition of torture and cruel, inhuman or degrading treatment or punishment. The Committee expressed concern that it had been informed by reliable sources that although the infliction of torture and ill-treatment was no longer, as in the past, an official State policy, it was still practiced by public officials, particularly in police stations and primary detention centres, in order to obtain confessions or information which were accepted by judges as grounds for instituting proceedings against the victims. The Committee recommended that physical conditions in prisons should be improved and the conditions of prisoners in detention should be made compatible with human dignity.

Following its examination of Armenia’s initial report, reviewed in April 1996, the Committee welcomed the creation of the Centre for Human Rights and Democracy in Erevan and the new agreement between Armenia and the International Committee of the Red Cross (ICRC), which gave the latter the right to visit Armenian prisoners. The Committee was concerned about the number of allegations it had received with regard to ill-treatment perpetrated by public authorities during arrest and police custody. It recommended that legal and practical measures be taken by the Armenian authorities to guarantee that a person was not expelled, turned back or extradited to another State where there were substantial grounds for believing that he or she would be in danger of being subjected to torture. It also recommended that the allegations of ill-treatment that were brought to its attention be duly investigated and that the result of such investigations be transmitted to the Committee.

When it considered the Netherlands’ second periodic report in April 1995, the Committee noted with satisfaction that it had received no information about alleged perpetration of torture in any of the three parts of the Kingdom. The Committee recommended that the Netherlands Antilles and Aruba should give high priority to speeding up the procedure for the adoption of the act which would incorporate the provisions of the Convention in domestic law. The Netherlands Antilles should take strong measures to bring to an end the ill-treatment which reportedly occurred in police stations and to ensure that such allegations were speedily and properly investigated and that those who might be found guilty of acts of ill-treatment were prosecuted. Aruba should take steps to change the situation with regard to conditions in police and prison premises, and especially to shorten the period of 10 days in police custody presently allowed under law.

El Salvador, the United States and Slovenia are presenting their initial reports to the Committee.

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 its provisions. 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, 2 May: Morning, Poland, third periodic report CAT/C/44/Add.5. Wednesday, 3 May: Morning, Portugal, second periodic report, CAT/C/44/Add.7; Afternoon, Poland (continued). Thursday, 4 May: Morning, China, third periodic report, CAT/C/39/Add.2; Afternoon, Portugal (continued). Friday, 5 May: Morning, Paraguay, third periodic report, CAT/C/49/Add.1; Afternoon, Poland (conclusions and recommendations), China (continued). Monday, 8 May: Morning, Armenia, second periodic report, CAT/C/43/Add.3; Afternoon, Portugal (conclusions and recommendations), Paraguay (continued). Tuesday, 9 May: Morning, El Salvador, initial report, CAT/C/37/Add.4; Afternoon, China (conclusions and recommendations), Armenia (continued). Wednesday, 10 May: Morning, United States, initial report, CAT/C/28/Add.5; Afternoon, Paraguay (conclusions and recommendations), El Salvador (continued). Thursday, 11 May: Morning, Netherlands, third periodic report, CAT/C/44/Add.4; Afternoon, Armenia (conclusions and recommendations), United States(continued). Friday, 12 May: Morning, Slovenia, initial report, CAT/C/24/Add.5; Afternoon, El Salvador (conclusions and recommendations), Netherlands (continued). Monday, 15 May: Afternoon, United States (conclusions and recommendations), Slovenia (continued). Tuesday, 16 May: Afternoon, Netherlands (conclusions and recommendations). Wednesday, 17 May, Afternoon, Slovenia (conclusions and recommendations).

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 specified 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 provided 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 practiced in the territory of a State party, the Committee shall invite that State party to cooperate in the examination of the 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 119 States: Afghanistan, Albania, Algeria, Antigua and Barbuda, Argentina, Armenia, Australia, Austria, Azerbaijan, Bangladesh, Belarus, Belgium, Belize, Benin, Bolivia, Bosnia and Herzegovina, Brazil, Bulgaria, Burkina Fasso, 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, Qatar, Republic of Korea, Romania, Russian Federation, Saudi Arabia, Senegal, Seychelles, Slovak Republic, Slovenia, Somalia, South Africa, Spain, Sri Lanka, Sweden, Switzerland, Tajikistan, The Former Yugoslav Republic of Macedonia, Togo, Tunisia, Turkey, Turkmenistan, 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, 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 fifty-fourth 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 1998, 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 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 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); Gubril Camara (Senegal); Sayed Kassem el Masry (Egypt); Felice Gaer (United States); Alejandr Gonzales Poblete (Chile); Antonio Silva Henriques Gaspar (Portugal); Andreas Mavrommatis (Cyprus); Ole Vedel Rasmussen (Denmark); Alexander M. Yakovlev (Russian Federation); and Yu Mengja (China).

* *** *