COMMITTEE AGAINST TORTURE CONCLUDES TWENTY-NINTH SESSION

CAT
29th session
22 November 2002



Considered Reports of Spain, Egypt,
Estonia, Cyprus and Venezuela



The Committee against Torture concluded today an autumn two-week session during which it reviewed reports of Spain, Egypt, Estonia, Cyprus and Venezuela on efforts to comply with the Convention against Torture.
In addition to submitting reports, these Governments sent delegations before the panel of 10 independent Experts to answer questions. The countries are among the 131 States parties to the Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment.
In formal conclusions and recommendations on the report of Spain, the Committee urged Spain to take precautions concerning incommunicado detention, to record interrogations of detainees and make these recording available to judges; and to make it possible for a detainee to be examined both by a State doctor and by a doctor of the detainee's choice. Among positive aspects of the report, the Committee cited the fact that under the Spanish Constitution the Convention against Torture was part of domestic legislation and could be invoked before the courts; Spain's ratification in October 2000 of the Statute of the International Criminal Court; and a reduction in the number of detainees held in Spanish penal establishments while awaiting trial.
The panel urged Egypt to guarantee that all complaints of torture or ill-treatment, including those relating to death in custody, were investigated promptly, impartially and independently; to eliminate all forms of administrative detention; and to abolish incommunicado detention. Among positive developments in the country, the Committee cited legislation banning flogging as a disciplinary penalty for prisoners; decisions taken by Egyptian courts to refuse any confession extracted under duress as evidence; and the establishment in 1999 of a Human Rights Committee in Egypt.
The Committee recommended that Estonia ensure that law-enforcement, judicial, medical and other personnel involved in custody, detention, interrogation and treatment of detainees or psychiatric patients were trained with regard to the prohibition of torture and the recognition of the sequelae of torture. It said positive aspects of the Estonian report included the creation of a post of Legal Chancellor who also acted in the capacity of an Ombudsman; abolition of the death penalty in 1998; and the entry into force, on 1 September 2002, of a new Penal Code.
The Committee called upon Cyprus to disseminate the Committee's conclusions and recommendations throughout the country. It commended Cyprus, among other things, for its ongoing efforts to ensure the effective implementation of the Convention. It cited as positive the fact that there were no reported cases of torture and no political prisoners. It also welcomed Cyprus's adoption of a Bill that made degrading treatment or punishment a criminal offence, and that called for a presumption of ill-treatment when it was ascertained by medical examination that a detainee bore external injuries which were not present at the time of arrest.
The Committee recommended that Venezuela take all necessary steps to ensure immediate and impartial investigations of all complaints of torture; and that it take steps to provide a sound regulatory and institutional framework for realization of the right of victims to fair and adequate compensation. It cited among positive aspects the entry into force of the country's new Constitution on 30 December 1999, which embodied progress in the sphere of human rights; the obligation imposed on the State to compensate the victims of violations in full; the recognition of the right of victims of to rehabilitation; and the establishment of properly regulated guarantees to persons in custody.
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 on 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 49 States that have declared the Committee competent to receive complaints under article 22 of the Convention.
The Committee’s next session will be from 28 April to 23 May 2003. The panel is expected to consider reports from Belgium, Moldova, Slovenia, Azerbaijan, Iceland, Turkey and Cambodia. A report of Croatia will be considered if a country drops out.
At its closing meeting today, the Committee decided to send a small working group to attend an informal meeting of the International Law Commission, which will hold a session at the same time as the spring session of the Committee. It also decided State oral introductions of reports should be limited to 20 minutes and should only mention developments that had occurred since the publication of the report. Finally, the Committee authorized its working group on overdue reports, composed of Experts Fernando Mariño Menendez and Ole Vedel Rasmussen, to go through the list of cases pending and decide which had to be particularly considered, and then contact the Permanent Missions of the countries concerned to provide help.

Conclusions and Recommendations on Country Reports
The Committee cited among positive aspects of the report of Spain the fact that under article 96 of the Spanish Constitution the Convention against Torture was part of domestic legislation and could be invoked before the courts, the ratification in October 2000 of the Statute of the International Criminal Court, and the reduction in the number of detainees in held penal establishments while awaiting trial.
Among concerns expressed were that Spain considered there were no cases of torture, or only isolated cases, whereas non-governmental organizations (NGOs) alleged several cases of maltreatment; and that there were cases where prisoners only left their cells for an hour or two and enjoyed no social, professional or cultural activities that would permit their future re-integration into society, as provided in the Convention.
The Committee recommended, among other things, that Spain take precautions concerning incommunicado detention; that it record interrogations of detainees and make these recordings available to judges; and that it make it possible for a detainee to be examined both by a State doctor and by a doctor of the detainee's choice. The Committee urged the State party to take appropriate measures to ensure that expulsion proceedings, particularly concerning unaccompanied minors, were in conformity with the Convention against Torture.
The Committee cited among positive developments in Egypt the enactment of legislation banning flogging as disciplinary penalty for prisoners; decisions taken by Egyptian courts to refuse any confession extracted under duress as evidence; and establishment in 1999 of a Human Rights Committee.
Concern was expressed, among other things, over the maintenance of a state of emergency since 1981, hindering full consolidation of the rule of law in Egypt; over a large number of complaints of detainees that torture and maltreatment had been inflicted by law-enforcement officials; and over the absence of measures ensuring effective protection and prompt and impartial investigations of complaints of maltreatment, as many reports had been received of numerous cases of death in custody.
Among the Committee’s recommendations were that Egypt guarantee that all complaints of torture or ill-treatment, including those relating to death in custody, were investigated promptly, impartially and independently; that Egypt eliminate all forms of administrative detention; that it abolish incommunicado detention; that it halt and punish all practices involving abuse of minors in places of detention; and that it remove all ambiguity in legislation which might underpin the prosecution of individuals because of their sexual orientation. The Committee also recommended that Egypt take steps to prevent all degrading treatment on the occasion of body searches, and that it agree to a visit by the Commissions of Human Right’s Special Rapporteur on torture.
The Committee cited among positive developments in Estonia the creation of a Legal Chancellor who also acted in the capacity of an Ombudsman; the abolition of the death penalty in 1998; and the entry into force, on 1 September 2002, of a new Penal Code, which introduced torture as an offence and aimed at developing a flexible and individualized penal system, which increased the possibilities for re-socialization of prisoners by providing them with an opportunity to work or study.
Concern was expressed, among other things, about isolated cases of ill-treatment of detainees by officials that still occurred in police establishments; about the fact that illegal migrants and rejected asylum-seekers could be detained in expulsion centres until expulsion and be subjected to long periods of detention when expulsion was not enforceable; and that persons of Russian nationality as well as stateless persons were over-represented in the population of convicted persons.
The Committee recommended, among other things, that Estonia ensure that law enforcement, judicial, medical and other personnel involved in custody, detention, interrogation and treatment of detainees or psychiatrics patients were trained with regard to the prohibition of torture; that training should include developing the skills needed to recognize the sequelae of torture; that Estonia ensure close monitoring of inter-prisoner and inter-patient violence, including sexual violence, with a view to their prevention; and that it consider ratifying the 1961 Convention on the Reduction of Statelessness.
The Committee cited among positive developments in Cyprus the fact that there were no reported cases of torture and no political prisoners. It also welcomed the adoption of a Bill for the amendment of the Ratification Law making degrading treatment or punishment a criminal offence, and providing for the presumption of ill-treatment when it was ascertained by medical examination that a detainee bore external injuries which were not present at the time of arrest.
The Committee noted that although there was a generally positive trend regarding the treatment of detained persons by police, some cases of ill-treatment had been alleged, and authorities should remain vigilant.
The Committee commended, among other things, Cyprus for its ongoing efforts to ensure the effective implementation of the Convention and appreciated the work so far done, and called upon the State party to continue these efforts. It recommended that Cyprus widely disseminate the Committee’s conclusions and recommendations, in all appropriate languages, in the country.
The Committee noted among positive aspects of the report of Venezuela the entry into force of the new Constitution on 30 December 1999, which embodied progress in the sphere of human rights; the obligation imposed on the State to compensate the victims of violations in full; the recognition of the right of victims to rehabilitation; and the application of properly regulated guarantees to persons in custody.
Concern was expressed, among other things, over the failure to characterize torture as a specific offence in Venezuelan legislation; over the many reports of torture, degrading treatment, abuse of authority, arbitrary acts and excesses carried out by members of the State security forces; and over reports of abuse of power and undue use of force as a means of control, especially during demonstrations and protests. The Committee also expressed concern about reports of persecution and attacks against sexual minorities and trans-sexual activists, particularly in the State of Carabo.
The Committee recommended, among other things, that Venezuela take all necessary steps to ensure immediate and impartial investigations of all cases of complaints of torture; that it take steps to provide a sound regulatory and institutional framework for realization of the right of victims to fair and adequate compensation; and that it institute programmes for their physical and mental rehabilitation to the fullest possible extent. The Committee further recommended that Venezuela take steps to improve the physical conditions in which prisoners were held, and to prevent both violence among prisoners and violence inflicted on them by prison staff; and that it strengthen the independent procedures for prison inspections.

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, El Salvador, Equatorial Guinea, Estonia, Ethiopia, Finland, France, Gabon, Georgia, Germany, Ghana, Greece, Guatemala, Guinea, Guyana, Holy Sea, 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 of America 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. At its fifty-seventh session, the Commission on Human Rights on 24 April, 2001 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. 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.
The Commission on Human Rights also adopted at its 2002 session a draft optional protocol to the Convention against Torture to establish a system of inspection visits to places of detention. The draft protocol must still be approved by the General Assembly.

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 (the United States of America); Alejandro Gonzalez Poblete (Chile); Andreas Mavrommatis (Cyprus); Fernando Marino Menendez (Spain); Ole Vedel Rasmussen (Denmark); Alexander M. Yakovlev (the Russian Federation); and Yu Mengjia (China).
Mr. Burns is Chairman. Vice-Chairpersons are Mr. Camara, Mr. Gonzalez Poblete and Mr. Yu. Mr. el Masry is Rapporteur.



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