COMMITTEE AGAINST TORTURE TO HOLD TWENTY-FIFTH SESSION

10 November 2000

Press Release
HR/4500

COMMITTEE AGAINST TORTURE TO HOLD TWENTY-FIFTH SESSION

20001110 Background Release

AT PALAIS DES NATIONS FROM 13 to 24 NOVEMBER

Panel to Consider Reports From Armenia, Belarus, Australia, Canada, Cameroon and Guatemala

(Reissued as received)

GENEVA, 10 November (UN Information Service) -- The Committee against Torture will meet at the Palais Wilson in Geneva from 13 to 24 November 2000 to review the measures adopted by Armenia, Belarus, Australia, Canada, Cameroon and Guatemala to prevent and punish acts of torture. Representatives of the six 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 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 treaty. The large number of overdue reports from State parties on how they are applying the Convention will be another subject of discussion.

There are 123 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 Committee’s concluding observations on the last reports submitted by Armenia, Belarus, Australia, Canada, Cameroon and Guatemala were as follows:

In its observations and recommendations issued in April 1996 on the initial report of Armenia, the Committee welcomed as positive aspects the integration of the prohibition against torture in the newly adopted Constitution and the creation of the Centre for Human Rights and Democracy in Erevan. The Committee was concerned about the fact that Armenia had not considered it appropriate to introduce a specific definition of the crime of torture in its penal legislation and about the allegations it had received with regard to ill-treatment perpetrated by public authorities during arrest and police custody.

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The Committee recommended that the Government consider the possibility of establishing an effective and reliable judicial review of the constitutional rights of those who were illegally detained. It further 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.

Concerning the second periodic report of Belarus, considered in November 1992, the Committee congratulated the Government of Belarus on its new plans for a modern Constitution, a Criminal Code, a Code of Criminal Procedure and a Prisons Code, which should be in keeping with the provisions of the Convention in order to guarantee its full implementation in the territory of Belarus.

It recommended that the United Nations Centre for Human Rights should provide the Government of Belarus, at its request, with advisory services in legal matters and the training of the personnel. The Committee said it would also be happy to be kept fully informed of the legislative and other measures taken and the results achieved in the implementation of the Convention.

In its conclusions on the initial report of Australia, considered in November 1991, the Committee thanked the representatives of Australia for their precise and clear replies, as well as for their close cooperation with the Committee. It expressed the view that Australia was in the forefront of countries defending human rights and commended it particularly on the rehabilitation services offered to victims of torture.

Following its examination of Canada’s second periodic report, considered in April 1993, the Committee expressed its appreciation to the Government of Canada, not only for its comprehensive report but also for the measures and efforts undertaken by the Canadian authorities in compliance with the provisions of the Convention. It noted with satisfaction the various clarifications provided by the delegation. Nevertheless, the Committee expected to be provided with further details on the training of health personnel and the outcome of the inquiries conducted by the Canadian authorities relating to two immigrants of Chinese origin, in addition to the statistics requested by the Committee.

In its concluding observations on the initial report of Cameroon, considered in November 1989, the Committee said there were still some points which needed clarification or additional information, in particular, the independence of the judiciary, conformity of penal legislation in Cameroon with the provisions of the Convention, questions relating to extradition, penalties to be applied for the specific offence of torture, the principle of universal jurisdiction, the education of media personnel and public officials on the prohibition of torture, and conditions of detention, including solitary confinement.

In response to an additional report of Cameroon, considered in November 1991, the Committee welcomed the efforts made by the Government to respond to its questions. The Committee pointed to specific areas still causing concern in respect of the implementation of the Convention including, among others, the duration of police custody permissible by law and the need to provide persons in policy custody with further guarantees of protection against abuse of power or ill-treatment; and the need to investigate alleged cases of torture ill-treatment.

In its conclusions on the second periodic report of Guatemala, considered in May 1998, the Committee welcomed as positive aspects the elimination of all State- promoted policies that violated human rights; and the process of purging the National Police and the Financial Police through the dismissal of members suspected of involvement in human rights violations. The Committee was concerned about the persistence of impunity for crimes, particularly grave human rights violations.

It recommended that the State party intensify efforts to elucidate past grave violations and to ensure that such situations did not recur; the allocation to the Human Rights Procurator of the necessary funds for effectively carrying out, throughout the national territory, the functions and duties assigned to and enjoined upon him under the Constitution and the law; and harmonization of article 201-A of the Penal Code with the definition of torture contained in article 1 of the Convention.

Provisional Timetable

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, 14 November -- Armenia, second periodic report CAT/C/43/Add.3. Wednesday, 15 November (morning) -- Belarus, third periodic report, AT/C/34/Add.12; (afternoon) -- Armenia (continued). Thursday, 16 November (morning)-- Australia, second periodic report, CAT/C/25/Add.11; (afternoon) Belarus (continued). Friday, 17 November (morning) -- Canada, third periodic report, CAT/C/34/Add.13; (afternoon) -- Armenia: conclusions and recommendations; Australia (continued).

Monday, 20 November (morning) -- Cameroon, second periodic report, CAT/C/17/Add.22; (afternoon) -- Belarus: conclusions and recommendations; Canada (continued). Tuesday, 21 November (morning) -- Guatemala, third periodic report, CAT/C/49/Add.2; (afternoon) –- Australia: conclusions and recommendations; Cameroon (continued). Wednesday, 22 November (afternoon only) – (afternoon) -- Canada: conclusions and recommendations; Guatemala (continued). Thursday, 23 November (afternoon only) -- Cameroon: conclusions and recommendations. Friday, 24 November (afternoon only) Guatemala: 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.

Convention and Committee

The Convention against Torture, 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 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.

The Convention has been ratified or acceded to by the following 123 States: Afghanistan, Albania, Algeria, Antigua and Barbuda, Argentina, Armenia, Australia, Austria, Azerbaijan, Bangladesh, Belarus, Belgium, Belize, Benin, Bolivia, Bosnia and Herzegovina, Botswana, 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, Gabon, Georgia, Germany, Ghana, Greece, Guatemala, Guinea, Guyana, Honduras, Hungary, Iceland, Indonesia, Israel, Italy, Japan, Jordan, Kazakhstan, Kenya, Kuwait, Kyrgyzstan, Latvia, Lebanon, 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 42 States have recognized the competence of the Committee under articles 21 and 22: Algeria, Argentina, Australia, Austria, Belgium, Bulgaria, Canada, Croatia, Cyprus, Czech Republic, Denmark, Ecuador, Finland, France, Ghana, 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.

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); Guibril Camara (Senegal); Sayed Kassem el Masry (Egypt); Felice Gaer (the United States of America); Antonio Silva Henriques Gaspar (Portugal); Alejandro Gonzalez Poblete (Chile); Andreas Mavrommatis (Cyprus); Ole Vedel Rasmussen (Denmark); Alexander M. Yakovlev (the Russian Federation); and Yu Mengja (China).

Mr. Burns is Chairman. Vice-Chairpersons are Mr. Camara, Mr. Gonzalez Poblete and Mr. Yu. Mr. el Masry is Rapporteur.

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