Background Release                                         

COMMITTEE AGAINST TORTURE TO HOLD THIRTY-SECOND SESSION

 

AT PALAIS WILSON FROM 3 TO 21 MAY

Experts to Consider Reports of CzechRepublic,

Monaco, Croatia, Germany, Chile, New Zealand, Bulgaria

(Reissued as received.)

GENEVA, 29 April (UN Information Service) –- The Committee against Torture will meet at the Palais Wilson in Geneva from 3 to 21 May to review measures adopted by the Czech Republic, Monaco, Croatia, Germany, Chile, New Zealand, and Bulgaria to prevent and punish acts of torture.  Representatives of the seven countries are expected to come before the Committee to defend national efforts to implement the rights and protections enshrined in the Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment.

During the three-week session, the Committee’s 10 Independent Experts will also review, in closed session, information appearing to contain well-founded indications that torture is systematically being practised in some States parties; and complaints from individuals claiming to be victims of a violation by a State party of the provisions of the Convention.

The Committee was established in 1987 to monitor compliance with the Convention and to assist States parties in implementing its provisions.

The Committee will consider the third periodic report of the CzechRepublic on 4 and 5 May.  Its conclusions and recommendations on the second periodic report of the Czech Republic, considered in May 2001, are contained in document A/56/44 (available at the following web address: www.unhchr.ch/tbs/doc.nsf)

The Committee will review the second periodic report of Monaco on 5 and 6 May.  It considered Monaco’s initial report in November 1994, and its conclusions and recommendations on that occasion are contained in document A/50/44.

The third periodic report of Croatia will be discussed on 6 and 7 May.  The Committee’s findings on Croatia’s second periodic report, considered in November 1998, are contained in document A/54/44.

The third periodic report of Germany will be reviewed on 7 and 10 May.  Germany’s second periodic report was considered by the Committee in May 1998 and its findings are contained in document A/53/44.

The Committee will discuss the third periodic report of Chile on 10 and 11 May.  Its findings on Chile’s second periodic report, presented in April 1994, are contained in document A/50/44.

Officials of New Zealand will appear before the Committee for review of that country’s third periodic report on 11 and 12 May.  The second periodic report of New Zealand was considered by the Committee in May 1998, and the findings are contained in document A/53/44.

The Committee will discuss the third periodic report of Bulgaria on 17 and 18 May.  Bulgaria’s second periodic report was considered in April and early May of 1999.  The Committee’s conclusions and recommendations may be found in document A/54/44.

On the first day of the session, the Committee will elect a Chairperson, three Vice-Chairpersons and a Rapporteur for a two-year term.  It will also hear its newly elected member, Julio Prado Vallejo (Ecuador), make a solemn declaration to “perform my duties and exercise my powers as a member of the Committee against Torture honourably, faithfully, impartially and conscientiously”. 

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 135 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, the 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, Swaziland, Sweden, Switzerland, Tajikistan, Timor-Leste, The Former Yugoslav Republic of Macedonia, 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 19 April 2004, 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:  Guibril Camara (Senegal); Sayed Kassem el Masry (Egypt); Felice Gaer (the United States); Claudio Grossman (Chile); Fernando Marino Menendez (Spain); Andreas Mavrommatis (Cyprus); Julio Prado Vallejo (Ecuador); Ole Vedel Rasmussen (Denmark); Alexander M. Yakovlev (Russian Federation); and Yu Mengja (China).

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, 4 May

Morning     CzechRepublic: third periodic report     CAT/C/60/Add.1

Wednesday, 5 May

Morning           Monaco: second periodic report      CAT/C/38/Add.2

Afternoon         CzechRepublic (continued)

Thursday, 6 May

Morning           Croatia: third periodic report      CAT/C/54/Add.3

Afternoon         Monaco (continued)

Friday, 7 May

Morning           Germany, third periodic report      CAT/C/49/Add.4

Afternoon         Croatia (continued)

Monday, 10 May

Morning           Chile, third periodic report        CAT/C/39/Add.5

Afternoon         Germany (continued)

Tuesday, 11 May

Morning           New Zealand: third periodic report  CAT/C/49/Add.3

Afternoon         Chile (continued)

Wednesday, 12 May

Afternoon         New Zealand (continued)

Thursday, 13 May

Afternoon         CzechRepublic conclusions

Friday, 14 May

Morning           Monaco conclusions

Afternoon         Croatia conclusions

Monday, 17 May

Morning           Bulgaria: third periodic report     CAT/C/34/Add.16

Tuesday, 18 May

Morning           Bulgaria (continued)

Afternoon         Germany conclusions

Wednesday, 19 May

Afternoon         Chile conclusions

Afternoon         New Zealand conclusions

Friday, 21 May

Morning           Bulgaria conclusions

* *** *