COMMITTEE AGAINST TORTURE TO HOLD THIRTY-FIRST SESSION AT PALAIS DES NATIONS FROM 10 TO 21 NOVEMBER

Background Release

COMMITTEE AGAINST TORTURE TO HOLD THIRTY-FIRST SESSION

AT PALAIS DES NATIONS FROM 10 TO 21 NOVEMBER

Experts Scheduled to Consider Reports

From Colombia, Morocco, Latvia, Lithuania, Yemen and Cameroon

(Reissued as received.)

GENEVA, 6 November (UN Information Service) -- The Committee against Torture will meet at the Palais des Nations in Geneva from 10 to 21 November to review measures adopted by Colombia, Morocco, Latvia, Lithuania, Yemen and Cameroon 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 Committee's 10 independent experts will also study, in closed session, information appearing to contain well-founded indications that torture is being systematically practised 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 134 States 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 Colombia, Morocco and Cameroon

After the Committee examined the second periodic report of Colombia in November 1995, it noted among positive aspects the increase in the penalty for the offence of torture and that the new Constitution contained various provisions that were very satisfactory from the standpoint of human rights and mechanisms for their protection.  The Committee expressed its concern about the persistence of a large number of violent deaths and cases of torture and ill-treatment attributed to members of the army and the police, in a manner that would appear to indicate a systematic practice in some regions of the country.  The Committee recommended that the practice of torture should be ended forthwith and to that end suggested that the State party should act with great firmness to restore the State’s monopoly over the use of force, disbanding all armed civilian or paramilitary groups, and ensure that swift and impartial investigations into allegations of torture were conducted immediately.

On the second periodic report of Morocco, which was examined in May 1999, the Committee, among positive aspects, expressed its great satisfaction at certain measures taken by the State party to fulfil its treaty obligations, including the will to establish the genuine rule of law, the payment of allowances to released political detainees and the implementation of a substantial human rights education and awareness programme for law enforcement officials.  The Committee said that despite the efforts made, it was concerned about the persistence of allegations of torture and ill-treatment.  The Committee recommended, among other things, that the State party introduce into its criminal legislation a definition of torture fully consistent with that contained in article 1 of the Convention and that it classify as crimes all acts to be characterized as torture.

Following its examination of the second periodic report of Cameroon in November 2000, the Committee noted among positive aspects the remarkable efforts made by the State party to carry out far-reaching reforms of its legislation and practice in order to fulfil its obligations under the Convention.  Concern was expressed about the fact that, despite the policy pursued by the Government, torture seemed to remain a widespread practice; and the imbalance between the large number of allegations of torture or ill-treatment and the small number of prosecutions and trials.  The Committee recommended that Cameroon introduce a mechanism into its legislation for the fullest possible compensation and rehabilitation of the victims of torture; and that it consider transferring responsibility for prison administration from the Ministry of the Interior to the Ministry of Justice.

Latvia, Lithuania and Yemen are presenting reports to the Committee for the first time, so there are no previous conclusions on the situation in their countries.

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 practised 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 134 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, Congo, Costa Rica, Côte d'Ivoire, Croatia, Cuba, Cyprus, Czech Republic, Democratic Republic of the Congo, Denmark, Djibouti, 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, Monaco, Mongolia, Morocco, Mozambique, Namibia, Nepal, Netherlands, New Zealand, Niger, Nigeria, Norway, Panama, Paraguay, Peru, Philippines, Poland, Portugal, Qatar, Republic of Korea, Republic of Moldova, Romania, Russian Federation, Saint Vincent and the Grenadines, Saudi Arabia, Senegal, Serbia and Montenegro, Seychelles, Sierra Leone, Slovak Republic, Slovenia, Somalia, South Africa, Spain, Sri Lanka, Sweden, Switzerland, Tajikistan, The former Yugoslav Republic of Macedonia, Timor-Leste, Togo, Tunisia, Turkey, Turkmenistan, Uganda, Ukraine, United Kingdom, United States, Uruguay, Uzbekistan, Venezuela, Yemen and Zambia.

The following 50 States have recognized the competence of the Committee under articles 21 and 22:  Algeria, Argentina, Australia, Austria, Belgium, Bosnia and Herzegovina, 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, Paraguay, Peru, Poland, Portugal, Russian Federation, Senegal, Serbia and Montenegro, Slovak Republic, Slovenia, South Africa, Spain, Sweden, Switzerland, Togo, Tunisia, Turkey, Ukraine, Uruguay and Venezuela.  In addition, Japan, Uganda, United Kingdom and the United States have recognized the competence of the Committee under article 21 only.  Azerbaijan, Burundi, Guatemala, Mexico and Seychelles have recognized the competence of the Committee under article 22 only.

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

The Committee will hear the solemn declaration of its newly appointed member Claudio Grossman (Chile).

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