لجنة مناهضة التعذيب تعقد الدورة الثالثة والخمسين في جنيف في الفترة من 3 إلى 28 تشرين الثاني/نوفمبر 2014

BACKGROUND RELEASE

30 October 2014

Experts to Consider Reports of Sweden, Ukraine, Venezuela, Australia, Burundi, United States, Croatia and Kazakhstan

The Committee against Torture will meet at the Palais Wilson in Geneva from 3 to 28 November 2014 to examine measures adopted by Sweden, Ukraine, Venezuela, Australia, Burundi, United States of America, Croatia and Kazakhstan to prevent and punish acts of torture. Representatives of these countries are expected to come before the Committee to discuss national efforts to implement the rights enshrined in the Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment.

On Monday, 3 November at 10 a.m., the Committee will hear an address by a representative of the Secretary-General, and will adopt its agenda and programme of work for the session.

During this session, in addition to its consideration of the reports of the States parties, the Committee will celebrate the thirtieth anniversary of the Convention against Torture on 4 November at 3 p.m. in Room XVIII of the Palais des Nations. It will also discuss follow-up activities under articles 19 and 22 of the Convention as well as reprisals, and will consider, in closed meetings, information appearing to contain well-founded indications that torture is systematically being practised in some States parties, as well as complaints from individuals claiming to be victims of violations to the provisions of the Convention by a State party. The Committee will hold a retreat on its working methods and will have a joint workshop with the Subcommittee on Prevention of Torture and the Special Rapporteur on Torture on gender-sensitive monitoring and the United Nations Rules for the Treatment of Women Prisoners and Non-custodial Measures for Women Offenders (the “Bangkok Rules”).

The Committee will also meet in private with national human rights institutions and non-governmental organizations from States whose reports are being considered at this session.

Sweden is presenting its combined sixth and seventh periodic report CAT/C/SWE/6-7.
The Committee’s concluding observations and recommendations on the fifth periodic report, which was considered in May 2008, can be found in CAT/C/SWE/CO/5.

Ukraine is presenting its sixth periodic report CAT/C/UKR/6. The Committee’s concluding observations and recommendations on the fifth periodic report, which was considered in May 2007, can be found in CAT/C/UKR/CO/5.

Venezuela is presenting its combined third and fourth periodic report CAT/C/VEN/3-4. The Committee’s concluding observations and recommendations on the second periodic report, which was considered in November 2002, can be found in CAT/C/CR/29/2.

Australia is presenting its combined fourth and fifth periodic report CAT/C/AUS/4-5. The Committee’s concluding observations and recommendations on the third periodic report, which was considered in May 2008, can be found in CAT/C/AUS/CO/3.

Burundi is presenting its second periodic report CAT/C/ BDI/2. The Committee’s concluding observations and recommendations on the initial report, which was considered in November 2006, can be found in CAT/C/BDI/CO/1.

The United States of America is presenting its combined third to fifth periodic report CAT/C/USA/3-5. The Committee’s concluding observations and recommendations on the second periodic report, which was considered in May 2006, can be found in CAT/C/USA/CO/2.

Croatia is presenting its combined fourth and fifth periodic report CAT/C/HRV/4-5. The Committee’s concluding observations and recommendations on the third periodic report, which was considered in May 2004, can be found in CAT/C/CR/32/3.

Kazakhstan is presenting its third periodic report CAT/C/KAZ/3. The Committee’s concluding observations and recommendations on the second periodic report, which was considered in November 2008, can be found in CAT/C/KAZ/CO/2.

For further information, including links to the reports to be considered at this session and the programme of work, are available on the Committee’s webpage for the current session.

Background on the Convention and the 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 no "exceptional circumstances" maybe invoked as a justification for acts of torture nor "higher orders" could be an excuse for perpetrators. The Convention introduced two significant new elements to the United Nations fight against torture: first, it specifies that alleged torturers shall be tried in a State party if not extradited to face trial in another State, therefore ensuring that there are no safe havens for perpetrators of acts of torture who shall not escape justice; secondly, under article 20, it provides for an inquiry, including a visit 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 that 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 156 States: Afghanistan, Albania, Algeria, Andorra, 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, Dominican Republic, Ecuador, Egypt, El Salvador, Equatorial Guinea, Eritrea, Estonia, Ethiopia, Finland, France, Gabon, Georgia, Germany, Ghana, Greece, Guatemala, Guinea, Guinea-Bissau, Guyana, Holy See, Honduras, Hungary, Iceland, Indonesia, Ireland, Israel, Italy, Iraq, Japan, Jordan, Kazakhstan, Kenya, Kuwait, Kyrgyzstan, Lao People’s Democratic Republic, Latvia, Lebanon, Lesotho, Liberia, Libya, Liechtenstein, Lithuania, Luxembourg, Madagascar, Malawi, Maldives, Mali, Malta, Mauritania, Mauritius, Mexico, Moldova, Monaco, Mongolia, Montenegro, Morocco, Mozambique, Namibia, Nauru, Nepal, the Netherlands, New Zealand, Nicaragua, Niger, Nigeria, Norway, Pakistan, Panama, Paraguay, Peru, Philippines, Poland, Portugal, Qatar, Republic of Korea, Romania, Russian Federation, Rwanda, Saint Vincent and the Grenadines, San Marino, Saudi Arabia, Senegal, Serbia, Seychelles, Sierra Leone, Slovakia, Slovenia, Somalia, South Africa, Spain, State of Palestine, Sri Lanka, Swaziland, Sweden, Switzerland, Syrian Arab Republic, Tajikistan, Thailand, The Former Yugoslav Republic of Macedonia, Timor-Leste, Togo, Tunisia, Turkey, Turkmenistan, Uganda, Ukraine, United Arab Emirates, United Kingdom, United States, Uruguay, Uzbekistan, Vanuatu, Venezuela, Yemen and Zambia.

The following 12 States parties have declared that they do not recognize the competence of the Committee provided for in article 20 of the Convention: Afghanistan, China, Equatorial Guinea, Eritrea, Israel, Kuwait, Lao People's Democratic Republic, Mauritania, Pakistan, Saudi Arabia, the Syrian Arab Republic and the United Arab Emirates.

The following 58 States have recognized the competence of the Committee under articles 21 and 22: Algeria, Andorra, Argentina, Australia, Austria, Belgium, Bolivia, Bulgaria, Cameroon, Canada, Chile, Costa Rica, Croatia, Cyprus, Czech Republic, Denmark, Ecuador, Finland, France, Georgia, Germany, Ghana, Greece, Guinea-Bissau, Hungary, Iceland, Ireland, Italy, Kazakhstan, Liechtenstein, Luxembourg, Malta, Moldova, Monaco, Montenegro, Netherlands, New Zealand, Norway, Paraguay, Peru, Poland, Portugal, Republic of Korea, Russian Federation, Senegal, Serbia, Slovakia, Slovenia, South Africa, Spain, Sweden, Switzerland, Togo, Tunisia, Turkey, Ukraine, Uruguay and Venezuela.

In addition, Japan, Uganda, the United Kingdom and the United States of America have recognized the competence of the Committee under article 21 only. Azerbaijan, Bosnia and Herzegovina, Brazil, Burundi, Guatemala, Mexico, Morocco, and Seychelles have recognized the competence of the Committee under article 22 only.

Optional Protocol to the Convention against Torture

The Optional Protocol to the Convention against Torture, which entered into force on 22 June 2006, established a system of regular visits by independent bodies to places where persons are or may be deprived of their liberty, in order to prevent torture and other forms of ill-treatment. The Optional Protocol’s innovative two-pillar approach relies on an international body, the Subcommittee on Prevention of Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment (SPT), which is composed of 25 independent Experts, as well as national bodies for the prevention of torture (national preventive mechanisms – NPMs), which must be established or designated by each State party.

As of today, 73 States have ratified or acceded to the Optional Protocol: Albania, Argentina, Armenia, Austria, Azerbaijan, Benin, Bolivia, Bosnia and Herzegovina, Brazil, Bulgaria, Burkina Faso, Burundi, Cambodia, Chile, Costa Rica, Croatia, Cyprus, Czech Republic, Democratic Republic of the Congo, Denmark, Ecuador, Estonia, France, Gabon, Georgia, Germany, Guatemala, Honduras, Hungary, Italy, Kazakhstan, Kyrgyzstan, Lebanon, Liberia, Liechtenstein, Lithuania, Luxembourg, Maldives, Mali, Malta, Mauritania, Mauritius, Mexico, Montenegro, Mozambique, Nauru, the Netherlands, New Zealand, Nicaragua, Nigeria, Norway, Panama, Paraguay, Peru, Philippines, Poland, Portugal, Republic of Moldova, Romania, Senegal, Serbia, Slovenia, Spain, Sweden, Switzerland, the former Yugoslav Republic of Macedonia, Togo, Tunisia, Turkey, Ukraine, United Kingdom of Great Britain and Northern Ireland and Uruguay.

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, and now the Human Rights Council, repeatedly appeal 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.

In accordance with article 26 of the Optional Protocol to the Convention against Torture, a Special Fund has been set up to help finance the implementation of the recommendations made by the Subcommittee on Prevention of Torture (SPT) after its visit to a State party, as well as education programmes of the National Preventive Mechanisms.

The United Nations Commission on Human Rights, in resolution 1985/33, decided to appoint an independent expert, a Special Rapporteur, to examine questions relevant to torture and other cruel, inhuman or degrading treatment or punishment. The mandate, which has subsequently been extended by the Human Rights Council, most recently in resolution 16/23, covers all countries, irrespective of whether a State has ratified the Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment. The mandate comprises three main activities: transmitting urgent appeals to States with regard to individuals reported to be at risk of torture, as well as communications on past alleged cases of torture; undertaking fact-finding country visits; and submitting annual reports on activities, the mandate and methods of work to the Human Rights Council and the General Assembly.


Membership and Officers of the Committee

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: Essadia Belmir (Morocco); Alessio Bruni (Italy); Satyabhoosun Gupt Domah (Mauritius); Felice Gaer (United States); Abdoulaye Gaye (Senegal); Claudio Grossman (Chile); Jens Modvig (Denmark); Sapana Pradhan-Malla (Nepal); George Tugushi (Georgia); and Kening Zhang (China).

Mr. Grossman is the Chairperson. The Vice-Chairpersons are Ms. Belmir, Ms. Gaer and Mr. Tugusi. Mr. Domah is the Rapporteur.


Provisional Timetable of Public Meetings


Monday, 3 November

10 a.m. Opening of session, adoption of the agenda, organizational and other matters

3 p.m. Closed meeting

Tuesday, 4 November

10 a.m. Consideration of the sixth and seventh periodic report of Sweden CT/C/SWE/6-7

3 p.m. Thirtieth Anniversary of the Convention against Torture (Room XVIII at the Palais des Nations)

Wednesday, 5 November

10 a.m. Consideration of sixth periodic report of Ukraine CAT/C/UKR/6

3 p.m. Replies of Sweden

Thursday, 6 November

10 a.m. Consideration of third and fourth periodic report of Venezuela CAT/C/VEN/3-4

3 p.m. Replies of Ukraine

Friday, 7 November

10 a.m. Closed meeting

3 p.m. Replies of Venezuela

Monday, 10 November

10 a.m. Consideration of fourth and fifth periodic report of Australia CAT/C/AUS/4-5

3 p.m. Inquiry procedure (closed)

Tuesday, 11 November

10 a.m. Consideration of second periodic report of Burundi CAT/C/BDI/2

3 p.m. Replies of Australia

Wednesday, 12 November

10 a.m. Consideration of third to fifth periodic report of United States of America CAT/C/USA/3-5 (Room XVII at the Palais des Nations)

3 p.m. Replies of Burundi

Thursday, 13 November

10 a.m. Consideration of fourth to fifth periodic report of Croatia CAT/C/HRV/4-5

3 p.m. Replies of United States of America (Room XVII at the Palais des Nations)

Friday, 14 November

10 a.m. Communications (closed)

3 p.m. Replies of Croatia

Monday, 17 November

10 a.m. Consideration of third periodic report of Kazakhstan CAT/C/KAZ/3

3 p.m. Closed meeting

Tuesday, 18 November

10 a.m. Closed meeting

3 p.m. Replies of Kazakhstan

Wednesday, 19 November

10 a.m. Closed meeting

3 p.m. Closed meeting

Thursday, 20 November

10 a.m. Follow-up to articles 19 and 22 and reprisals

11:30 a.m. Closed meeting

Friday, 21 November

10 a.m. Closed meeting

3 p.m. Closed meeting


Friday, 28 November

10 a.m. Programme of work for future sessions and public closing of the session

The full list of issues and the countries’ reports are available at: http://tbinternet.ohchr.org/_layouts/TreatyBodyExternal/SessionsList.aspx?Treaty=CAT

The Committee will hold a news conference on Friday 28 November at 14:00 at Palais des Nations to discuss its concluding observations, which will be published here:
http://tbinternet.ohchr.org/_layouts/TreatyBodyExternal/SessionsList.aspx?Treaty=CAT

For more information and media requests, please contact:
Liz Throssell ethrossell@ohchr.org + 41 22 917 9466 / + 41 79 752 04 88

To learn more about the Committee Against Torture, please visit: http://www.ohchr.org/en/hrbodies/cat/pages/catindex.aspx

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