COMMITTEE AGAINST TORTURE CONCLUDES TWENTY-SIXTH SESSION

Round-up

COMMITTEE AGAINST TORTURE CONCLUDES TWENTY-SIXTH SESSION

Considered Reports of Georgia, Greece, Bolivia, Slovakia,

Czech Republic, Brazil, Kazakhstan and Costa Rica

(Reissued as received.)

GENEVA, 18 May (UN Information Service) -- The Committee against Torture concluded this morning its twenty-sixth session, a three-week series of meetings at the Palais Wilson in Geneva, during which it considered reports submitted by Georgia, Greece, Bolivia, Slovakia, Czech Republic, Brazil, Kazakhstan and Costa Rica.

Those countries, which are among the 123 States parties to the Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment, described efforts to implement the terms of the Convention and sent Government delegations to answer questions put by the Committee's 10 independent Experts.

After considering the report of Georgia, the Committee recommended that in order to ensure that perpetrators of torture did not enjoy impunity, urgent steps should be taken to establish an effective and independent complaints mechanism.  It, expressed concern, however, about admitted continuing acts of torture and other acts of cruel, inhuman or degrading treatment or punishment in Georgia committed by law enforcement personnel.  Georgia's efforts to reform the legal system and revise its obligations, including a new code, of criminal procedure and criminal code were considered as positive aspects.

The Committee welcomed the existing legal framework and array of institutions put in place by Greece for protection against torture and other cruel, inhuman or degrading treatment or punishment.  But it expressed concern about the harsh conditions and long-term detention of undocumented migrants and asylum seekers awaiting deportation in police stations without adequate facilities.  It recommended, among other things, that urgent measures be taken to improve conditions of detention in police stations and prisons; and that steps be taken to prevent and punish trafficking in women and other forms of violence against women.

The Committee expressed concern about the number of complaints against torture and other cruel, inhuman or degrading treatment in Bolivia which had resulted on many occasions in deaths in police stations, prisons and military

barracks.  It was also concerned about the excessive and disproportionate use of force and of firearms by the national police and the armed forces in suppressing mass demonstrations related to social conflicts; and about frequent cases of kidnapping, threats and acts of aggression of which human rights defenders had been victims.  The Committee recommended, among other things, that the State party should incorporate in its criminal legislation the definition of torture as set forth in the Convention.

In the report of Slovakia, the Committee approved the establishment of new institutions and special units within the police to promote respect for human rights, and recent steps taken towards the establishment of the institution of an Ombudsman.  Concern was, however, expressed about allegations of inaction by police and law enforcement officials who failed to provide adequate protection against racially motivated attacks when Roma and others had been threatened by "skinheads" or other extremist groups, and about allegations that law enforcement officials had ill-treated detainees.  The Committee urged the State party to take measures to initiate an effective, reliable and independent complaints system and to prosecute and punish alleged perpetrators.

Among the positive aspects of the report of the Czech Republic, the Committee welcomed the ongoing efforts by the State party to reform its legal system and revise its legislation, based on universal human values, in order to safeguard fundamental human rights, including the right not to be subjected to torture and other cruel, inhuman or degrading treatment or punishment.  However, it expressed concern about instances of racism and xenophobia in the society and about continuing incidents of discrimination against Roma.  It recommended, among other things, that the Czech Republic continue its efforts to counter all forms of discrimination against minorities and to implement its long-term policy aimed at the integration of the Roma population.

With regard to the report of Brazil, the Committee noted the political will expressed by the State party to combat the practice of torture, and the frankness and transparency with which the Government recognized the existence, seriousness and extent of the practice of torture in Brazil.  It expressed concern about the persistence of a culture of accepting abuses by public officials, the numerous allegations of acts of torture and cruel, inhuman or degrading treatment in police stations, prisons and facilities belonging to the armed forces, and the de facto impunity enjoyed by the perpetrators of those acts.  It recommended, among other things, that the State party should ensure that immediate and impartial inquiries were carried out, under the effective control of the Public Prosecutor's Office, in all cases of complaints of torture or cruel, inhuman or degrading treatment by members of the police force.

On the report of Kazakhstan, the Committee appreciated the assurances that the Government would create an independent ombudsman, and welcomed the progress made in conjunction with the World Health Organization in lowering the incidence of tuberculosis in places of detention.  The Committee, however, expressed concern about allegations of acts of torture and other cruel, inhuman and degrading punishment or treatment committed by law enforcement officials of the State party.  It recommended, among other things, that the State party take urgent and effective steps to establish a fully independent complaints mechanism, and ensure absolute respect for the principles of the inadmissibility of evidence obtained by torture.

Concerning the report of Costa Rica, the Committee found as positive aspects the State party's accession to and ratification of most of the international human rights instruments, and the inclusion in domestic law of provisions which permitted the extraterritorial enforcement of criminal law in order to prosecute and punish persons responsible for torture.  It expressed concern about cases of abuse of authority by police officers and prison personnel; and the inadequate prison infrastructure which had resulted in overpopulation and serious problems of overcrowding in a number of prisons.  The Committee recommended that the offence of torture should be included in the criminal code of Costa Rica in terms consistent with article 1 of the Convention, with penalties commensurate with its seriousness.

In addition to reviewing country reports in public session, the Committee considered in a series of private meetings information appearing to contain well-founded indications that torture was being systematically practised on the territories of some States parties.  It also examined communications from individuals claiming to be victims of a violation by a State party of the provisions of the Convention.  Information on decisions taken on those allegations will be released later.  Such communications are accepted only if they concern the 40 countries which have declared the Committee competent to receive the complaints under article 22 of the Convention.

There was a brief discussion by the Committee of the situation in the Palestinian territories occupied by Israel in light of article 16 of the Convention.  The Committee decided to consider the third periodic report of Israel during its next session in November.  It advised the Permanent Mission of Israel to the United Nations Office at Geneva that Experts would raise questions on the situation in the occupied territories.

The Committee also approved a draft joint declaration which it will now forward to the Board of Trustees of the Voluntary Fund for the Victims of Torture, the Special Rapporteur of the Commission on Human Rights on the question of torture, and the United Nations High Commissioner for Human Rights.  The draft declaration was intended for the International Day for the Victims of Torture, which is observed on 26 June 2001.  It will call upon all Governments to eradicate torture and ill-treatment and to provide effective remedies to the men, women and children who had been the victims of torture.

The Committee's next session is scheduled for 12 to 23 November 2001.  It is expected to consider reports from Israel, Zambia, Indonesia, Benin, Saudi Arabia and Ukraine.

Conclusions and Recommendations on Country Reports

The Committee cited among positive aspects the ongoing efforts by Georgia to reform the legal system and revise its obligations, including a new code of criminal procedure and criminal code based on universal human values in order to safeguard fundamental human rights, including the right not to be subjected to torture and other cruel, inhuman or degrading treatment or punishment; and the transfer of the prison service from the control of the Ministry of the Interior to the Ministry of Justice as recommended by the Committee.

With regard to factors and difficulties impeding the application of the Convention, the Committee took note of the problems and difficulties faced by the State party due to the secessionist conflicts in Abkhazia and South Ossetia following independence and the resulting internal and external mass displacement of a large part of the population, which had created the increased risk of human rights violations in that part of the territory.

The Committee expressed concern, among other things, about the admitted continuing acts of torture and other acts of cruel, inhuman or degrading treatment or punishment in Georgia committed by law enforcement personnel; and the continuing failure to provide in every instance prompt, impartial and full investigations into the numerous allegations of torture.  The Committee recommended, among other things, that the State party amend its domestic penal law to include a definition of torture which was fully consistent with the definition contained in article 1 of the Convention, and provide for appropriate penalties; and that measures be taken to ensure that all persons deprived of their liberty or arrested by law enforcement officials were informed of their rights.

On the report of Greece, the Committee welcomed, among other things, the existing legal framework and array of institutions in place for the protection against torture and other cruel, inhuman or degrading treatment or punishment.  Among subjects of concern was evidence that the police sometimes used excessive or unjustifiable force in carrying out their duties, particularly when dealing with ethnic and national minorities and foreigners.

The Committee also expressed concern about the harsh conditions in general and, in particular, the long-term detention of undocumented migrants and asylum seekers awaiting deportation in police stations without adequate facilities; about the severe overcrowding in prisons which aggravated the already sub-standard material conditions and which might contribute to inter-prisoner violence; and the lack of comprehensive training of medical personnel and law enforcement officers at all levels on the provisions of the Convention.

The Committee recommended that urgent measures be taken to improve conditions in police stations and prisons and that undocumented migrants and asylum seekers who had not been convicted of a criminal offence not be held for long periods in such institutions; and that such measures as were necessary to prevent overcrowding of prisons should be taken as well as continuing steps to find alternative penalties to imprisonment and to ensure their effective implementation.

Concerning the report of Bolivia, the Committee cited as positive aspects the adoption of a new code of criminal procedure and the Public Prosecutor’s Office Organization Act, which were designed to remedy shortcomings in the country's current system for the administration of justice; and the measures adopted to implement human rights training programmes, not only for public officials but also in universities and secondary schools.

It was concerned about the number of complaints of torture and other cruel, inhuman or degrading treatment which had resulted on many occasions in deaths, both in police stations, prisons and military barracks.  The Committee further expressed concern about the impunity accorded to the perpetrators of human rights violations and, in particular, the use of torture, which appeared to be widespread, resulting from the lack of any investigation of complaints and the slow pace and inadequacy of such investigations; and the judicial delay which appeared to affect two-thirds of the prison population who were kept waiting for their cases to be heard, a situation which was largely responsible for the serious overcrowding of prisons.

The Committee recommended, among other things, that the State party incorporate in its criminal legislation the definition of torture as set forth in the Convention; step up the activities to protect, defend and promote human rights which the State had began to develop, particularly those relating to vocational training of all law enforcement officials; and adopt the necessary legal and administrative measures to set up a national public register of persons deprived of liberty, indicating the authority which made the decision, the grounds or motives for such decisions and the type of proceedings.

With regard to the initial report of Slovakia, the Committee welcomed the impressive efforts made by the State party aimed at major transformation in the political, economic, legislative and institutional spheres in the Slovak Republic and the improved respect for human rights in that country; and the establishment of new institutions and special units within the police to promote respect for human rights, and, particularly, recent steps taken towards the establishment of the institution of an Ombudsman.

The Committee expressed concern, among other things, about the allegations of instances of police participation in attacks on Roma and other members of the population, as well as allegations of inaction by police and law enforcement officials who failed to provide adequate protection against racially motivated attacks when such groups had been threatened by "skinheads" or other extremist groups; at allegations that law enforcement officials had ill-treated detainees during detention and in police custody, particularly in lock-ups and police cells; and allegations of harassment of human rights defenders.

Slovakia was urged to adopt a definition of torture which would cover the elements of the definition contained in article 1 of the Convention and to amend its domestic penal law accordingly; take measures to initiate an effective, reliable and independent complaints system to undertake prompt, impartial and effective investigations into allegations of ill-treatment or torture by police and other public officials, and where the findings were warranted, to prosecute and punish alleged perpetrators; adopt measures to prevent inter-prisoner violence, including sexual violence, in places of detention; take effective steps to guarantee the independence of the judiciary; and made adequate provisions for compensation and rehabilitation of victims of torture and ill-treatment.

Cited as positive aspects in the report of the Czech Republic were the ongoing efforts by the State party to reform its legal system and revise its legislation, based on universal human values, in order to safeguard fundamental human rights, including the right not to be subjected to torture and other cruel, inhuman or degrading treatment or punishment, and the compensation provided to 208,000 former political prisoners.

The Committee said it was concerned about instances of racism and xenophobia in the society, including an increase in racially motivated violence against minority groups, as well as the increase in groups advocating such conduct; about continuing incidents of discrimination against Roma, including by local officials; about reports of degrading treatment by the police of members of minority groups; about allegations of the excessive use of force by law enforcement officials during and after demonstrations, particularly alleged instances of cruel, inhuman and degrading treatment of persons arrested and detained as a result of the demonstrations during the International Monetary Fund (IMF)/World Bank meeting in Prague in September 2000; and about inter-prisoner violence and bullying in various institutions.

The Committee recommended, among other things, that the State party continue its efforts to counter all forms of discrimination against minorities and to implement its long-term policy aimed at the integration of the Roma population through legal as well as practical measures, and, in particular, to increase efforts to combat and adequately sanction police ill-treatment of minorities and their failure to provide them with adequate protection; that all persons deprived of their liberty should be guaranteed the rights to notify a close relative or third party of their choice; and that the State party set up an effective and independent system of control over prisoners complaints and for the external and civil inspection of the prison system.

With regard to the report of Brazil, the Committee, among other things, noted with satisfaction the political will expressed by the State party to combat the practice of torture; the frankness and transparency with which the Government recognized the existence, seriousness and extent of the practice of torture in Brazil; the State party's efforts concerning the implementation of an education programme and the national human rights promotion campaign; the promulgation of the law on torture; and the establishment of various bodies intended to enhance respect for human rights.

The Committee expressed concern about the persistence of a culture of accepting abuses by public officials, the numerous allegations of acts of torture and cruel, inhuman or degrading treatment in police stations, prisons and facilities belonging to the armed forces, and the de facto impunity enjoyed by the perpetrators of those acts; the overcrowding, lack of amenities and poor hygiene in prisons, and violence between prisoners and sexual abuse; allegations of ill-treatment and discriminatory treatment, with regard to access to the already essential services of certain groups, notably on the basis of social origin or sexual orientation; and the long periods of pre-trial detention and delays in judicial procedure.

Among its recommendations, the Committee said that the State party should take all necessary measures to ensure that immediate and impartial inquiries were carried out, under the effective control of the Public Prosecutor's Office, in all cases of complaints of torture or cruel, inhuman or degrading treatment, including acts committed by members of the police forces; all necessary measures should be adopted in order to guarantee to any person deprived of his liberty the right of defence; urgent measures should be taken to improve conditions of detention in police stations and prisons, and efforts should be redoubled to remedy prison overcrowding; and human rights education and promotion activities in general should be reinforced.

As part of positive aspects in the report of Kazakhstan, the Committee appreciated the assurances that the Government would create an independent ombudsman; welcomed the progress made in conjunction with the World Health Organization in lowering the incidence of tuberculosis in places of detention; and the fact that the Government, recognizing the binding effect of the Convention on the Elimination of All Forms of Discrimination against Women, had reported to the treaty supervisory committee regarding its implementation of that Convention, among other things.

The Committee expressed concern about the absence of a definition of torture, as provided in article 1 of the Convention; the allegations of acts of torture and other cruel, inhuman and degrading punishment or treatment committed by law enforcement officials of the State party or with their acquiescence, including those affecting political opponents of the Government, and comprising beatings, and other actions in breach of the Convention; the insufficient level of independence and effectiveness of the procuracy; the pattern of failure of officials, including the procuracy, to provide in every instance prompt, impartial and full investigations into allegations of torture reported to the authorities; and allegations that judges refused to take into account evidence of torture and ill-treatment provided by the accused with regard to his or her treatment by law enforcement officials.

The Committee recommended, among other things, that the State party proceed promptly with its stated plans to amend its domestic penal law to include the crime of torture; take urgent and effective steps to establish a fully independent complaints mechanism; expand the powers of the Presidential human rights commission into an independent and impartial national human rights commission; ensure in practice absolute respect for the principles of the inadmissibility of evidence obtained by torture; and improve conditions in prisons and pre-trial detention centres and establish a system allowing for inspections of prisons and detention centres.

On the report of Costa Rica, the Committee, among other things, found as positive aspects the State party's accession to and ratification of most of the international human rights declarations, covenants and conventions, in both the global and inter-American systems, and recognition of the self-executing effect of their provisions; the inclusion in domestic law of provisions which permitted the extraterritorial enforcement of criminal law in order to prosecute and punish persons responsible for torture; and the adequate constitutional and legal regulation of the remedies of habeas corpus and amparo, and the broad interpretation of those provisions by the national courts.

The Committee expressed concern, among other things, about cases of abuse of authority by police officers and prison personnel; the inadequate prison infrastructure which had resulted in overpopulation and serious problems of overcrowding in a number of prisons; the absence of State programmes for the rehabilitation of victims of torture; the maximum-security detention regime, comprising 23 hours of confinement and just one hour outside the cell, which appeared excessive; and the absence of statistical data in the report on cases of abuse of authority, the results of the investigations of such cases and the consequences for the victims in terms of redress and compensation.

It recommended that the offence of torture should be included in the criminal code in terms consistent with article 1 of the Convention, with penalty commensurate with its seriousness; that training activities should be stepped up, with the specific inclusion of full information on the prohibition of torture in the training of police officers and prison personnel; and that the efficiency of the process of recognizing refugee status should be improved in order to reduce the long period of uncertainty for asylum-seekers and refugees.

Draft Joint Declaration

The Committee approved a draft joint declaration which it will now forward to the Board of the Trustees of the Voluntary Fund for the Victims of Torture, the Special Rapporteur of the Commission on Human Rights on the question of torture, and the United Nations High Commissioner for Human Rights.  The draft declaration was intended for the International Day for the Victims of Torture, which is observed on 26 June 2001. 

The draft declaration called upon all governments to eradicate torture and ill-treatment and to provide effective remedies to the men, women and children who had been the victims of torture.  It appealed to all governments, inter-governmental and non-governmental organizations, and individuals to provide support to victims of torture, as well as for the prevention and prohibition of torture.

The draft declaration also urged the universal ratification of the Convention by the year 2005 and appealed to all States parties that the eradication of torture required not only ratification of the Convention, but also the obligation to implement it effectively in domestic law.  It recalled that an essential element in eradicating racism, racial discrimination, xenophobia, and related intolerance was overcoming impunity, and bringing to justice those responsible for acts of torture or ill-treatment, whether committed against a single individual or segments of the population.  The draft declaration further urged all those convening at the World Conference against Racism, Racial Discrimination, Xenophobia and Related Intolerance in Durban to work together against torture, paying due attention to the relationship of discrimination and the practice of torture, and the need to eradicate any such practices as a vital part of the effort to provide remedies to the victims of torture.

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 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 of America have recognized the competence of the Committee under article 21 only.

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.