COMMITTEE AGAINST TORTURE TO HOLD TWENTY-NINTH SESSION AT AT PALAIS DES NATIONS FROM 11 TO 22 NOVEMBER

COMMITTEE AGAINST TORTURE TO HOLD TWENTY-NINTH SESSION

AT PALAIS WILSON FROM 11 TO 22 NOVEMBER

Experts Scheduled to Consider Reports

From Spain,Egypt, Estonia, Cyprus and Venezuela

GENEVA (UN Information Service), 7 November -- The Committee against Torture will meet at the Palais Wilson in Geneva from 11 to 22 November to review measures adopted by Spain, Egypt, Estonia, Cyprus and Venezuela to prevent and punish acts of torture.  Representatives of the five 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.  These countries are among 131 States parties to the Convention.

During the two-week meeting, the Committee’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 complaints from individuals claiming to be victims of a violation by a State party of the provisions of the Convention. 

There are 131 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 States parties in implementing its provisions.

    Committee’s Concluding Observations on Last Reports Submitted by Spain, Egypt, Cyprus and Venezuela

    In the third periodic report of Spain, considered in November 1997, the Committee saw as a positive aspect the measure taken by Spain to incorporate the offence of torture and other cruel, inhuman or degrading treatment or punishment into its domestic legislation.  Among concerns cited, the Committee said it continued to receive frequent complaints of acts of torture and ill-treatment, many of which appeared to constitute manifestations of racial discrimination.  It recommended, among other things, that competent authorities take measures to eliminate problems related to the excessive length of investigations into complaints of torture and ill-treatment.  It also recommended that consideration be given to eliminating instances of extended incommunicado detention and restrictions on the rights of detainees to be assisted by a defence lawyer of their choice.

Following its examination of the third periodic report of Egypt, reviewed in May 1999, the Committee identified among positive aspects the release of large numbers of persons held under the Emergency Act of 1958; a reduction in complaints of maltreatment by persons detained under the Emergency Act; improvements in the quality of some Egyptian prisons; and cases in which compensation was awarded by Egyptian civil courts to victims of torture.  The Committee expressed concern, however, among other things, about the large number of allegations of torture and even of death relating to detainees, made against both the police and the State Security Intelligence, about the allegations concerning the treatment of female detainees, and about the allegations that persons had been held in custody in defiance of court orders to release them.  It recommended that Egypt take effective measures to prevent torture in custody; that all perpetrators be vigorously prosecuted; and that effective steps be taken to protect female detainees from threats of sexual abuse.

    Following its consideration of the second periodic report of Cyprus, taken up in November 1997, the Committee acknowledged the activities of the country's Ombudsman and the response of the Council of Ministers to established cases of police violence; and welcomed the way in which the Convention had been incorporated into the domestic law of Cyprus, in particular the Convention definition of “torture”.  The Committee expressed concern, however, about some cases of violence by police officers and emphasized the continuing need for programmes of education and vigorous legal response to such instances.

    In its findings on the initial report of Venezuela, considered in April and May 1999, the Committee welcomed the fact that the Government intended to submit for approval by the legislature a bill to prevent and punish torture and cruel or inhuman or degrading treatment or punishment, in order to give effect to the provisions of the Convention in domestic law.  Noted among subjects of concern were reports that a high number of cases of torture and cruel, inhuman or degrading treatment had occurred since the Convention’s entry into force; and the failure of the competent organs of the State to fulfil their duty to investigate complaints and punish those responsible, who generally enjoyed impunity.  The Committee recommended that, among other things, the State party strengthen legal conditions for the protection of personal security and integrity and for the prevention of practices that violated such security and integrity.  It also recommended that Venezuela repeal the rules providing for exemption from criminal responsibility on the grounds that the person concerned was acting in due obedience to a superior.

Estonia is presenting its initial report, and thus the Committee has not previously offered any conclusions and recommendations on the situation in the country.

      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, 12 November

Morning     Spain, fourth periodic report  CAT/C/55/Add.5

Wednesday, 13 November

Morning     Egypt, fourth periodic report CAT/C/53/Add.6

Afternoon   Spain (continued)

      Thursday, 14 November  

Morning     Estonia, initial report   CAT/C/16/Add.9

Afternoon   Egypt (continued)

Friday, 15 November          

Morning     Cyprus, third periodic report CAT/C/54/Add.2

Afternoon   Estonia (continued)

Monday, 18 November

Morning     Venezuela, second periodic report     CAT/C/33/Add.5

Afternoon   Cyprus (continued)

Tuesday, 19 November

Afternoon   Spain, conclusions and recommendations      

                  Venezuela (continued)

Wednesday, 20 November

Afternoon   Egypt, conclusions and recommendations

Thursday, 21 November

Afternoon   Estonia, conclusions and recommendations

Friday, 22 November

Morning           Cyprus, conclusions and recommendations

                  Venezuela, conclusions and recommendations

As each country report is taken up by the Committee, a summary of the discussion will be in the press release covering that meeting.

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, under article 20, it provides for investigation of reliable reports of torture, including visits to the State party concerned, with its agreement, 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.

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 131 States:  Afghanistan, Albania, Algeria, Antigua and Barbuda, Argentina, Armenia, Australia, Austria, Azerbaijan, Bahrain, 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, Equatorial Guinea, El Salvador, Estonia, Ethiopia, Finland, France, Gabon, Georgia, Germany, Ghana, Greece, Guatemala, Guinea, Guyana, Holy See, Honduras, Hungary, Iceland, Indonesia, Ireland, Israel, Italy, Japan, Jordan, Kazakhstan, Kenya, Kuwait, Kyrgyzstan, Latvia, Lebanon, Lesotho, Libya, Liechtenstein, Lithuania, Luxembourg, Malawi, Mali, Malta, Mauritius, Mexico, Moldova, Monaco, Mongolia, Morocco, Mozambique, Namibia, Nepal,  Netherlands, New Zealand, Niger, Nigeria, Norway, Panama, Paraguay, Peru, Philippines, Poland, Portugal, Qatar,  Republic of Korea, Romania, Russian Federation, Saint Vincent and the Grenadines, Saudi Arabia, Senegal, Seychelles, Sierra Leone, 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 46 States have recognized the competence of the Committee under articles 21 and 22:  Algeria, Argentina, Australia, Austria, Belgium, Bulgaria, Cameroon, Canada, Costa Rica, Croatia, Cyprus, Czech Republic, Denmark, Ecuador, Finland, France, Germany, Ghana, Greece, Hungary, Iceland, Ireland, 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, Uganda, the United Kingdom and the United States have recognized the competence of the Committee under article 21 only.  Azerbaijan, Mexico and Seychelles have recognized the competence of the Committee under article 22 only.

The Commission on Human Rights, at its fifty-seventh 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.  The Commission on Human Rights has repeatedly 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.  Furthermore, on 25 April 2001, the Commission extended the mandate of its Special Rapporteur on Torture for three years, encouraging all governments to envisage inviting him to visit their countries.

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 (United States); Alejandro Gonzalez Poblete (Chile); Fernando Marino Menendez (Spain); Andreas Mavrommatis (Cyprus); Ole Vedel Rasmussen (Denmark); Alexander M. Yakovlev (Russian Federation); and Yu Mengja (China).

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