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COMMITTEE AGAINST TORTURE CONCLUDES THIRTY-FIRST SESSION
21 November 2003
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21.11.03
Considered Reports of Colombia, Morocco, Latvia, Yemen, Lithuania and Cameroon
The Committee against Torture concluded today a two-week session during which it reviewed reports from Colombia, Morocco, Latvia, Yemen, Lithuania and Cameroon. Those countries are among 134 States parties to the Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment, and are bound by the terms of the treaty to submit periodic reports on efforts to ensure that such human rights violations do not occur on their territories.
In addition to submitting the reports, the countries sent delegations before the panel of 10 independent experts to answer questions.
Cited among positive developments in the third periodic report of Colombia were the adoption of a number of domestic laws and international instruments of relevance to the prevention and suppression of torture and ill treatment and the closer cooperation between the office in Colombia of the United Nations High Commissioner for Human Rights and the Government of Colombia. The Committee expressed concern, among other things, about the high number of forced disappearances and arbitrary executions; and the allegations of tolerance, support or acquiescence by the State party’s agents concerning the activities of the paramilitary groups known as “self-defence groups”. Among the panel’s recommendations were that Colombia take all necessary measures to prevent the acts of torture and ill-treatment that were being committed in its territory; and that Colombia investigate, prosecute and punish those responsible for rape and other forms of sexual violence.
Among the positive developments in the third periodic report of Morocco were the remarkable efforts to develop training and education in the area of human rights, notably the organization by the Human Rights Documentation, Information and Training Centre of training for prison service officials, senior prison medical personnel and forensic physicians. The Committee expressed concern, among other things, about the increase in the number of arrests for political reasons in Morocco during the period under consideration, the increase in the number of detainees and prisoners in general, including political prisoners, and the increase in the number of allegations of torture and cruel, inhuman or degrading treatment or punishment. Among the panel’s recommendations was that Morocco carry out urgently, if this had not already been done, impartial inquiries into any allegation of death in police custody, detention or prison following acts of torture, and that it keep the families informed.
The Committee said positive developments in the initial report of Latvia included the adoption of measures aimed at strengthening human rights, among them, the establishment of the Constitutional Court in 1996 and the inclusion in the Constitution of a Chapter dedicated to fundamental human rights. Among matters of concern, the Committee noted the allegations of serious ill treatment of persons, which in some cases could be considered as amounting to torture, by members of the police especially at the time of apprehension of suspects. The Committee recommended, among other things, that Latvia take all appropriate measures to prevent acts of ill treatment by members of the police and to ensure that all allegations of ill treatment were investigated promptly and impartially; and that Latvia introduce legally enforceable time limits for the detention of rejected asylum-seekers who were under expulsion orders.
Positive developments in Yemen, the Committee said, included the establishment of the Human Rights Ministry in 2003; and assurances received from the delegation that it intended to establish special institutions (“half-way houses”) to receive vulnerable women leaving prison. The Committee cited among matters of concern the nature of some criminal sanctions, including in particular flogging and amputation of limbs, which might be in breach of the Convention; and the reported cases of deportation of foreigners without the opportunity for them to legally challenge such measures which, if established, might be in breach of the obligations imposed by article 3 of the Convention. It recommended, among other things, that Yemen take all appropriate measures to abolish incommunicado detention de facto; that Yemen ensure that all counter- terrorism measures taken were in full conformity with the Convention; and that the State party continue and expand efforts to establish “half-way homes” for women in order to avoid them remaining in prison beyond the expiration of their sentence.
The Committee noted with satisfaction the efforts of Lithuania to reform its legal system and revise its legislation in order to safeguard fundamental human rights, including the right not to be subjected to torture and the establishment of the Witness and Victim Protection Service of the Police Department. Among the concerns raised by the Committee were that conditions in places of detention were poor and that some prisoners “live in fear” of inter-prisoner violence, as noted by the European Committee to Prevent Torture; and over the lack of information provided regarding allegations of brutality against conscripts in the army. The Committee made several recommendations, among them, that Lithuania ensure that health-care personnel were trained to identify signs of physical and psychological torture; to ensure that officials in the army promptly investigated reports of brutality against conscripts that might amount to ill-treatment or torture; and that Lithuania continue its efforts to provide an effective legal aid system by, inter alia, public financing of defense counsel offices, providing adequate remuneration, and involving the Bar Association in coordinating appointments.
The Committee noted among positive aspects in the third periodic report of Cameroon the project to construct additional prisons to resolve the problem of overcrowding in prisons and the collective pardon in 2002 which resulted in the release of 1,757 detainees; and the ongoing efforts to draft a law against violence against women. Among subjects of concern were the profound contradictions between allegations of serious violations of the provisions of the Convention and the information provided by the State party; and reports of systematic use of torture in police stations and gendarmeries after arrests. It recommended that the State party undertake immediately an independent inquiry into the deaths at Douala Central Prison and to bring to justice those responsible; immediately end torture perpetrated under traditional chiefs in the north; and that the State party increase its efforts to end impunity for perpetrators of torture.
In addition to reviewing country reports in public session, the Committee considered in private meetings information appearing to contain well-founded indications that torture was being systematically practiced in the territories of some States parties. And it examined communications from individuals claiming to be victims of violations by States parties of the provisions of the Convention. Such communications are accepted only if they concern the 50 States that have declared the Committee competent to receive complaints under article 22 of the Convention.
At its closing meeting today, the Committee discussed its annual report and procedural matters related to next year’s sessions.
The Committee’s next session will be from 3 to 21 May 2004 during which it is scheduled to examine reports from Monaco, Bulgaria, Chile, Croatia, Czech Republic, Germany and New Zealand.
Conclusions and Recommendations on Country Reports
The Committee noted with satisfaction that Colombia had adopted a number of domestic laws and international instruments of relevance to the prevention and suppression of torture and ill-treatment, and that there was closer cooperation between the office in Colombia of the United Nations High Commissioner for Human Rights and the Government of Colombia, including the recent signing of a letter of understanding with the Office of the Public Prosecutor.
The Committed cited among matters of concern the high number of forced disappearances and arbitrary executions; the climate of impunity that surrounded human rights violations by State security forces and organs; the allegations of tolerance, support or acquiescence by the State party’s agents concerning the activities of the paramilitary groups known as “self-defence groups”, which were responsible for a great deal of torture or ill-treatment; the numerous reports of attacks on human rights defenders; the numerous forced internal displacements caused by armed action against illegal groups; and the overcrowding and poor conditions in penal establishments.
It recommended, among other things, that Colombia take firm steps to end impunity for persons thought to be responsible for acts of torture or ill-treatment; that Colombia provide the Human Rights Unit of the Public Prosecutor’s Office with the resources needed to do its work effectively and to ensure that its staff were able to carry out their duties independently, impartially and in safety; that Colombia investigate, prosecute and punish those responsible for rape and other forms of sexual violence that occurred in the framework of operations against illegal armed groups; and that Colombia take effective measures to protect human rights defenders against harassment, threats and other attacks.
The Committee noted with satisfaction the appointment in Morocco of a “mediator”, the Diwan al-Madhalim, responsible for considering cases of human rights violations, and the establishment of the Mohamed VI Foundation for the reintegration of prisoners, which was presided over by the King himself.
Concern was expressed, among other things, about the non-existence of a definition and of a classification of torture as an offence, in conformity with those provided for in the Convention; the considerable extension of the time limit for police custody; the non-existence, during the period of police custody, of guarantees of rapid and appropriate access by persons in custody to a lawyer and a doctor, and to a relative; the increase in the number of arrests for political reasons during the period under consideration; and the increase in the number of detainees and prisoners in general, including political prisoners, and the increase in the number of allegations of torture and cruel, inhuman or degrading treatment or punishment.
The Committee recommended, among other things, that Morocco, in the context of the ongoing reform of the Criminal Code, clearly prohibit any act of torture, even if perpetrated in exceptional circumstances or in response to an order received from a superior officer or public authority, as recommended in article 2; that Morocco limit the period of police custody to a strict minimum and guarantee the right of persons in police custody to rapid access to a lawyer, a doctor and a relative; and that Morocco carry out urgently, if this had not already been done, impartial inquiries into any allegation of death in police custody, detention or prison following acts of torture, and that it keep the families informed.
Positive developments in Latvia, the Committee said, included the adoption of measures aimed at strengthening human rights, among them, the establishment of the Constitutional Court in 1996 and the inclusion in the Constitution of a Chapter dedicated to Fundamental Human Rights.
The Committee cited among matters of concern the allegations of serious ill treatment of persons, which in some cases could be considered as amounting to torture, by members of the police especially at the time of apprehension of suspects; the long periods that asylum seekers might spend in detention after the rejection of their request for asylum; the overcrowding in prisons and places of detention, taking into account the potential risk for the spread of contagious diseases; allegations that in many cases access to a lawyer was denied or delayed in practice to persons in police custody, and that defendants had to pay back legal aid in cases where their case lost; and the number of persons who lost their legal status as citizens or “non-citizens” and became “illegal” after having temporarily left the country.
It recommended, among other things, that Latvia take all appropriate measures to prevent acts of ill-treatment by members of the police and ensure that all allegations of ill-treatment were investigated promptly and impartially; that Latvia guarantee that detainees in police custody had the right to contact their families, had access to a medical doctor of their choice and to legal counsel; that Latvia introduce legally enforceable time limits for the detention of rejected asylum-seekers who were under expulsion orders; that Latvia continue to take measures to address the overcrowding in prisons and other places of detention; and that Latvia continue to facilitate the integration and naturalization of “non-citizens”.
Positive developments in Yemen, the Committee said, included the establishment of the Human Rights Ministry in 2003; and assurances received from the delegation that it intended to establish special institutions (“half-way houses”) to receive vulnerable women leaving prison.
The Committee cited among matters of concern the nature of some criminal sanctions, including in particular flogging and amputation of limbs, which might be in breach of the Convention; reports of the frequent practice of incommunicado detention by the Political Security Department officials including occurrences of mass arrests and detention for prolonged periods without judicial process; reported cases of deportation of foreigners without the opportunity for them to legally challenge such measures which, if established, might be in breach of the obligations imposed by article 3 of the Convention; and the low minimum age of criminal responsibility and at the detention of child offenders as young as 7 years in specialized hospitals or social protection institutions.
It recommended, among other things, that Yemen take all appropriate measures to abolish incommunicado detention de facto; that Yemen ensure that all counter-terrorism measures taken were in full conformity with the Convention; take measures to establish an effective, reliable and independent complaints system to undertake prompt and impartial investigations into allegations of ill-treatment or torture by police and other public officials, and to punish the offenders; and continue and expand efforts to establish “half-way homes” for women in order to avoid them remaining in prison beyond the expiration of their sentence.
The Committee noted with satisfaction the efforts of Lithuania to reform its legal system and revise its legislation in order to safeguard fundamental human rights, including the right not to be subjected to torture and the establishment of the Witness and Victim Protection Service of the Police Department.
Among the concerns raised by the Committee were the conditions of facilities that foreigners awaiting expulsion were kept in and the absence of data on the age and sex and country of destination of expelled foreigners or stateless persons, specifically those at the Foreign Registration Centre; the large increase in complaints about the treatment of prisoners by the police and the State party’s clarification that almost half of such complaints had been upheld; that conditions in places of detention were poor, as acknowledged by the State Party, and that some prisoners “live in fear” of inter-prisoner violence, as noted by the European Committee to Prevent Torture; and over the lack of information provided regarding allegations of brutality against conscripts in the army.
The Committee made several recommendations, among them, that Lithuania ensure that health-care personnel were trained to identify signs of physical and psychological torture; that Lithuania take appropriate measures to prevent acts of ill-treatment by members of the police and establish a fully independent and impartial investigation system; ensure that officials in the army promptly investigated reports of brutality against conscripts that may amount to ill-treatment or torture; that Lithuania continue its efforts to provide an effective legal aid system by, inter alia, public financing of defense counsel offices, providing adequate remuneration, and involving the Bar Association in coordinating appointments; and that Lithuania continue to take measures to improve remand and prison conditions.
Concerning Cameroon, the Committee noted among positive aspects the project to construct additional prisons to resolve the problem of overcrowding in prisons and the collective pardon in 2002 which resulted in the release of 1,757 detainees; and the ongoing efforts to draft a law against violence against women.
Among subjects of concern were the profound contradictions between allegations of serious violations of the provisions of the Convention and the information provided by the State party; reports of systematic use of torture in police stations and gendarmeries after arrests; the continued existence of extreme overcrowding in prisons where the living and hygiene conditions endangered the health of detainees; the increase in the number in deaths in the Central Prison of Douala since the start of the year (25 according to the delegation, 72 according to non-governmental organizations); reports that efforts to arrest authors of torture acts were only carried out after the death of the victim and public protests; and lack of legislation concerning prohibiting female genital mutilation.
The Committee recommended, among other things, that the State party take all measures to terminate the practise of torture on its territories by immediately stopping torture in police stations and gendarmeries and prisons. It recommended that the State party undertake immediately an independent inquiry into the deaths at Douala Central Prison and that it bring to justice those responsible; immediately end torture perpetrated under traditional chiefs in the north; that the State party increase its efforts to end impunity for perpetrators of torture; continue investigations to clarify the case of the “Bepanda nine”; establish an independent body with the authority to receive any investigate or any complaints of torture or other ill treatment inflicted by agents of the State; and enact a law relating to the prohibition of female genital mutilation.
Membership
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); Claudio Grossman (Chile); Fernando Marino Menendez (Spain); Andreas Mavrommatis (Cyprus); Ole Vedel Rasmussen (Denmark); Alexander M. Yakovlev (Russian Federation); and Yu Mengja (China).
Considered Reports of Colombia, Morocco, Latvia, Yemen, Lithuania and Cameroon
The Committee against Torture concluded today a two-week session during which it reviewed reports from Colombia, Morocco, Latvia, Yemen, Lithuania and Cameroon. Those countries are among 134 States parties to the Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment, and are bound by the terms of the treaty to submit periodic reports on efforts to ensure that such human rights violations do not occur on their territories.
In addition to submitting the reports, the countries sent delegations before the panel of 10 independent experts to answer questions.
Cited among positive developments in the third periodic report of Colombia were the adoption of a number of domestic laws and international instruments of relevance to the prevention and suppression of torture and ill treatment and the closer cooperation between the office in Colombia of the United Nations High Commissioner for Human Rights and the Government of Colombia. The Committee expressed concern, among other things, about the high number of forced disappearances and arbitrary executions; and the allegations of tolerance, support or acquiescence by the State party’s agents concerning the activities of the paramilitary groups known as “self-defence groups”. Among the panel’s recommendations were that Colombia take all necessary measures to prevent the acts of torture and ill-treatment that were being committed in its territory; and that Colombia investigate, prosecute and punish those responsible for rape and other forms of sexual violence.
Among the positive developments in the third periodic report of Morocco were the remarkable efforts to develop training and education in the area of human rights, notably the organization by the Human Rights Documentation, Information and Training Centre of training for prison service officials, senior prison medical personnel and forensic physicians. The Committee expressed concern, among other things, about the increase in the number of arrests for political reasons in Morocco during the period under consideration, the increase in the number of detainees and prisoners in general, including political prisoners, and the increase in the number of allegations of torture and cruel, inhuman or degrading treatment or punishment. Among the panel’s recommendations was that Morocco carry out urgently, if this had not already been done, impartial inquiries into any allegation of death in police custody, detention or prison following acts of torture, and that it keep the families informed.
The Committee said positive developments in the initial report of Latvia included the adoption of measures aimed at strengthening human rights, among them, the establishment of the Constitutional Court in 1996 and the inclusion in the Constitution of a Chapter dedicated to fundamental human rights. Among matters of concern, the Committee noted the allegations of serious ill treatment of persons, which in some cases could be considered as amounting to torture, by members of the police especially at the time of apprehension of suspects. The Committee recommended, among other things, that Latvia take all appropriate measures to prevent acts of ill treatment by members of the police and to ensure that all allegations of ill treatment were investigated promptly and impartially; and that Latvia introduce legally enforceable time limits for the detention of rejected asylum-seekers who were under expulsion orders.
Positive developments in Yemen, the Committee said, included the establishment of the Human Rights Ministry in 2003; and assurances received from the delegation that it intended to establish special institutions (“half-way houses”) to receive vulnerable women leaving prison. The Committee cited among matters of concern the nature of some criminal sanctions, including in particular flogging and amputation of limbs, which might be in breach of the Convention; and the reported cases of deportation of foreigners without the opportunity for them to legally challenge such measures which, if established, might be in breach of the obligations imposed by article 3 of the Convention. It recommended, among other things, that Yemen take all appropriate measures to abolish incommunicado detention de facto; that Yemen ensure that all counter- terrorism measures taken were in full conformity with the Convention; and that the State party continue and expand efforts to establish “half-way homes” for women in order to avoid them remaining in prison beyond the expiration of their sentence.
The Committee noted with satisfaction the efforts of Lithuania to reform its legal system and revise its legislation in order to safeguard fundamental human rights, including the right not to be subjected to torture and the establishment of the Witness and Victim Protection Service of the Police Department. Among the concerns raised by the Committee were that conditions in places of detention were poor and that some prisoners “live in fear” of inter-prisoner violence, as noted by the European Committee to Prevent Torture; and over the lack of information provided regarding allegations of brutality against conscripts in the army. The Committee made several recommendations, among them, that Lithuania ensure that health-care personnel were trained to identify signs of physical and psychological torture; to ensure that officials in the army promptly investigated reports of brutality against conscripts that might amount to ill-treatment or torture; and that Lithuania continue its efforts to provide an effective legal aid system by, inter alia, public financing of defense counsel offices, providing adequate remuneration, and involving the Bar Association in coordinating appointments.
The Committee noted among positive aspects in the third periodic report of Cameroon the project to construct additional prisons to resolve the problem of overcrowding in prisons and the collective pardon in 2002 which resulted in the release of 1,757 detainees; and the ongoing efforts to draft a law against violence against women. Among subjects of concern were the profound contradictions between allegations of serious violations of the provisions of the Convention and the information provided by the State party; and reports of systematic use of torture in police stations and gendarmeries after arrests. It recommended that the State party undertake immediately an independent inquiry into the deaths at Douala Central Prison and to bring to justice those responsible; immediately end torture perpetrated under traditional chiefs in the north; and that the State party increase its efforts to end impunity for perpetrators of torture.
In addition to reviewing country reports in public session, the Committee considered in private meetings information appearing to contain well-founded indications that torture was being systematically practiced in the territories of some States parties. And it examined communications from individuals claiming to be victims of violations by States parties of the provisions of the Convention. Such communications are accepted only if they concern the 50 States that have declared the Committee competent to receive complaints under article 22 of the Convention.
At its closing meeting today, the Committee discussed its annual report and procedural matters related to next year’s sessions.
The Committee’s next session will be from 3 to 21 May 2004 during which it is scheduled to examine reports from Monaco, Bulgaria, Chile, Croatia, Czech Republic, Germany and New Zealand.
Conclusions and Recommendations on Country Reports
The Committee noted with satisfaction that Colombia had adopted a number of domestic laws and international instruments of relevance to the prevention and suppression of torture and ill-treatment, and that there was closer cooperation between the office in Colombia of the United Nations High Commissioner for Human Rights and the Government of Colombia, including the recent signing of a letter of understanding with the Office of the Public Prosecutor.
The Committed cited among matters of concern the high number of forced disappearances and arbitrary executions; the climate of impunity that surrounded human rights violations by State security forces and organs; the allegations of tolerance, support or acquiescence by the State party’s agents concerning the activities of the paramilitary groups known as “self-defence groups”, which were responsible for a great deal of torture or ill-treatment; the numerous reports of attacks on human rights defenders; the numerous forced internal displacements caused by armed action against illegal groups; and the overcrowding and poor conditions in penal establishments.
It recommended, among other things, that Colombia take firm steps to end impunity for persons thought to be responsible for acts of torture or ill-treatment; that Colombia provide the Human Rights Unit of the Public Prosecutor’s Office with the resources needed to do its work effectively and to ensure that its staff were able to carry out their duties independently, impartially and in safety; that Colombia investigate, prosecute and punish those responsible for rape and other forms of sexual violence that occurred in the framework of operations against illegal armed groups; and that Colombia take effective measures to protect human rights defenders against harassment, threats and other attacks.
The Committee noted with satisfaction the appointment in Morocco of a “mediator”, the Diwan al-Madhalim, responsible for considering cases of human rights violations, and the establishment of the Mohamed VI Foundation for the reintegration of prisoners, which was presided over by the King himself.
Concern was expressed, among other things, about the non-existence of a definition and of a classification of torture as an offence, in conformity with those provided for in the Convention; the considerable extension of the time limit for police custody; the non-existence, during the period of police custody, of guarantees of rapid and appropriate access by persons in custody to a lawyer and a doctor, and to a relative; the increase in the number of arrests for political reasons during the period under consideration; and the increase in the number of detainees and prisoners in general, including political prisoners, and the increase in the number of allegations of torture and cruel, inhuman or degrading treatment or punishment.
The Committee recommended, among other things, that Morocco, in the context of the ongoing reform of the Criminal Code, clearly prohibit any act of torture, even if perpetrated in exceptional circumstances or in response to an order received from a superior officer or public authority, as recommended in article 2; that Morocco limit the period of police custody to a strict minimum and guarantee the right of persons in police custody to rapid access to a lawyer, a doctor and a relative; and that Morocco carry out urgently, if this had not already been done, impartial inquiries into any allegation of death in police custody, detention or prison following acts of torture, and that it keep the families informed.
Positive developments in Latvia, the Committee said, included the adoption of measures aimed at strengthening human rights, among them, the establishment of the Constitutional Court in 1996 and the inclusion in the Constitution of a Chapter dedicated to Fundamental Human Rights.
The Committee cited among matters of concern the allegations of serious ill treatment of persons, which in some cases could be considered as amounting to torture, by members of the police especially at the time of apprehension of suspects; the long periods that asylum seekers might spend in detention after the rejection of their request for asylum; the overcrowding in prisons and places of detention, taking into account the potential risk for the spread of contagious diseases; allegations that in many cases access to a lawyer was denied or delayed in practice to persons in police custody, and that defendants had to pay back legal aid in cases where their case lost; and the number of persons who lost their legal status as citizens or “non-citizens” and became “illegal” after having temporarily left the country.
It recommended, among other things, that Latvia take all appropriate measures to prevent acts of ill-treatment by members of the police and ensure that all allegations of ill-treatment were investigated promptly and impartially; that Latvia guarantee that detainees in police custody had the right to contact their families, had access to a medical doctor of their choice and to legal counsel; that Latvia introduce legally enforceable time limits for the detention of rejected asylum-seekers who were under expulsion orders; that Latvia continue to take measures to address the overcrowding in prisons and other places of detention; and that Latvia continue to facilitate the integration and naturalization of “non-citizens”.
Positive developments in Yemen, the Committee said, included the establishment of the Human Rights Ministry in 2003; and assurances received from the delegation that it intended to establish special institutions (“half-way houses”) to receive vulnerable women leaving prison.
The Committee cited among matters of concern the nature of some criminal sanctions, including in particular flogging and amputation of limbs, which might be in breach of the Convention; reports of the frequent practice of incommunicado detention by the Political Security Department officials including occurrences of mass arrests and detention for prolonged periods without judicial process; reported cases of deportation of foreigners without the opportunity for them to legally challenge such measures which, if established, might be in breach of the obligations imposed by article 3 of the Convention; and the low minimum age of criminal responsibility and at the detention of child offenders as young as 7 years in specialized hospitals or social protection institutions.
It recommended, among other things, that Yemen take all appropriate measures to abolish incommunicado detention de facto; that Yemen ensure that all counter-terrorism measures taken were in full conformity with the Convention; take measures to establish an effective, reliable and independent complaints system to undertake prompt and impartial investigations into allegations of ill-treatment or torture by police and other public officials, and to punish the offenders; and continue and expand efforts to establish “half-way homes” for women in order to avoid them remaining in prison beyond the expiration of their sentence.
The Committee noted with satisfaction the efforts of Lithuania to reform its legal system and revise its legislation in order to safeguard fundamental human rights, including the right not to be subjected to torture and the establishment of the Witness and Victim Protection Service of the Police Department.
Among the concerns raised by the Committee were the conditions of facilities that foreigners awaiting expulsion were kept in and the absence of data on the age and sex and country of destination of expelled foreigners or stateless persons, specifically those at the Foreign Registration Centre; the large increase in complaints about the treatment of prisoners by the police and the State party’s clarification that almost half of such complaints had been upheld; that conditions in places of detention were poor, as acknowledged by the State Party, and that some prisoners “live in fear” of inter-prisoner violence, as noted by the European Committee to Prevent Torture; and over the lack of information provided regarding allegations of brutality against conscripts in the army.
The Committee made several recommendations, among them, that Lithuania ensure that health-care personnel were trained to identify signs of physical and psychological torture; that Lithuania take appropriate measures to prevent acts of ill-treatment by members of the police and establish a fully independent and impartial investigation system; ensure that officials in the army promptly investigated reports of brutality against conscripts that may amount to ill-treatment or torture; that Lithuania continue its efforts to provide an effective legal aid system by, inter alia, public financing of defense counsel offices, providing adequate remuneration, and involving the Bar Association in coordinating appointments; and that Lithuania continue to take measures to improve remand and prison conditions.
Concerning Cameroon, the Committee noted among positive aspects the project to construct additional prisons to resolve the problem of overcrowding in prisons and the collective pardon in 2002 which resulted in the release of 1,757 detainees; and the ongoing efforts to draft a law against violence against women.
Among subjects of concern were the profound contradictions between allegations of serious violations of the provisions of the Convention and the information provided by the State party; reports of systematic use of torture in police stations and gendarmeries after arrests; the continued existence of extreme overcrowding in prisons where the living and hygiene conditions endangered the health of detainees; the increase in the number in deaths in the Central Prison of Douala since the start of the year (25 according to the delegation, 72 according to non-governmental organizations); reports that efforts to arrest authors of torture acts were only carried out after the death of the victim and public protests; and lack of legislation concerning prohibiting female genital mutilation.
The Committee recommended, among other things, that the State party take all measures to terminate the practise of torture on its territories by immediately stopping torture in police stations and gendarmeries and prisons. It recommended that the State party undertake immediately an independent inquiry into the deaths at Douala Central Prison and that it bring to justice those responsible; immediately end torture perpetrated under traditional chiefs in the north; that the State party increase its efforts to end impunity for perpetrators of torture; continue investigations to clarify the case of the “Bepanda nine”; establish an independent body with the authority to receive any investigate or any complaints of torture or other ill treatment inflicted by agents of the State; and enact a law relating to the prohibition of female genital mutilation.
Membership
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); Claudio Grossman (Chile); Fernando Marino Menendez (Spain); Andreas Mavrommatis (Cyprus); Ole Vedel Rasmussen (Denmark); Alexander M. Yakovlev (Russian Federation); and Yu Mengja (China).