COMMITTEE AGAINST TORTURE CONCLUDES TWENTY-SECOND SESSION

ROUNDUP RELEASE
HR/CAT/99/25
14 May 1999


Considered Reports of the Former Yugoslav Republic of Macedonia, Mauritius, Venezuela, Bulgaria, Italy, Luxembourg, the Libyan Arab Jamahiriya, Morocco, Egypt and Liechtenstein


The Committee against Torture concluded this morning its twenty-second session following three weeks of meetings at the Palais des Nations at Geneva by adopting its annual report for 1998-1999.

During the course of the session, the Committee considered reports and recommended measures to prevent ill-treatment of detainees or prisoners in the Former Yugoslav Republic of Macedonia, Mauritius, Venezuela, Bulgaria, Italy, Luxembourg, the Libyan Arab Jamahiriya, Morocco, Egypt and Liechtenstein. The 10 countries submitted their reports and sent Government delegations to appear before the Committee's 10 independent experts to answer questions in keeping with their obligations as State parties to the Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment. One hundred and fourteen countries have ratified the Convention.

In addition to reviewing country reports in public session, the Committee also considered in a series of private meetings communications from individuals claiming to be victims of violations by State parties of the provisions of the Convention. Information on decisions taken on these allegations will be released later. Such communications are accepted only if they concern the 39 countries which have declared the Committee competent to receive the complaints under article 22 of the Convention.

Also during the session, Bertie Ramcharan, the United Nations Deputy High Commissioner for Human Rights, told the Committee that human rights awareness was blossoming around the world at a time when the United Nations budget was tight. The Committee experts were working at a time when the needs were the most and the resources were the least. He pledged that Mary Robinson, the High Commissioner for Human Rights, would work to find alternative resources for treaty bodies like the Committee.

In addition, the Committee discussed a draft proposal for a Plan of Action to strengthen the implementation of the International Covenant on Civil and Political Rights, the Convention against Torture, and the International Convention on the Elimination of All Forms of Racial Discrimination. The aim of the Plan of Action was to strengthen support for the treaty bodies of these instruments through strengthening support for the reporting process, as well as coordinating follow-up to treaty body recommendations, and strengthening support for matters requiring urgent action.

This morning, the Committee experts adopted by consensus their annual report for 1998-1999 which covers their last session in November 1998 and this spring session.

The Committee's next session is scheduled to take place from 8 to 19 November 1999. It is expected to consider the reports of Malta, Austria, Azerbaijan, Kyrgyzstan, Uzbekistan, Finland and Poland.

Conclusions and Recommendations on Country Reports

Cited among the positive developments in the Former Yugoslav Republic of Macedonia was a Constitutional provision that provided that the human right to physical and moral dignity was irrevocable and that any form of torture or inhuman or humiliating conduct or punishment was prohibited. The Committee also praised the Government for establishing a State Commission to supervise penal and correctional institutions, and for requiring that public officials participate in seminars on the prohibition of abuse and torture. It was noted, however, that the country should adopt a specific crime of torture into its domestic laws and that several provisions in the Criminal Code were ambiguous.

The Committee recommended that the Former Yugoslav Republic of Macedonia define torture in its general laws. The State should more thoroughly investigate complaints of maltreatment by Government officials, especially those related to ethnic minorities. The Committee also suggested that steps be taken to ensure that those investigations were prompt and impartial, and that the officials responsible for ill-treatment be prosecuted. Further, the Committee proposed that the State identify the specific legal source providing that the justification of superior orders was not applicable to the crime of torture.

For Mauritius, the Committee noted with satisfaction that the death penalty had been abolished, and that the Protection of Human Rights Law had been implemented. The new law had established the National Human Rights Committee, the competence of which included the examination of torture complaints. The country was also praised for its constitutional amendment prohibiting discrimination based on gender, and for training programmes for the Police and other law enforcement personnel with human rights components. The Committee did voice its concern about the lack of a specific definition of torture in the domestic laws of Mauritius, and it also noted that the country did not adopt legislation encompassing the Convention's provisions about extradition, expulsion, and return.

The Committee recommended that Mauritius specifically define torture, and consider it a specific crime, as well as clarify through legislation that superior orders could never be invoked as a justification of an act of torture. It also suggested that the State introduce legislation conforming to article 3 of the Convention which concerned extradition, expulsion and return, and that it also establish universal jurisdiction through legislation. The Committee proposed making full investigations into the death of Mr. Kaya, who died while in custody, and to ensure that all acts of torture, particularly those resulting in death, be promptly and full investigated by an independent body.

Among the positive aspects of the report of Venezuela, according to the Committee, was the stated initiative of the new Government there to focus on human rights, and the expected change in the Criminal Code with respect to torture and investigations of allegations of torture. The Committee also praised the proposed bill on Torture, which would try to eradicate torture, mistreatment, and other cruel, inhuman or degrading treatment or punishment, as well as the ending the state of emergency in the border regions that had been in place since 1994. The Committee, however, noted with concern that there were still a sizable number of allegations of torture and cruel and inhuman treatment within all Government forces, and that many of the complaints had not been fully investigated or prosecuted.

It was recommended that Venezuela quickly adopt the bill on torture, and when debating the legislation, it should consider the opinions of non-governmental organizations. The Committee also said the country should follow up on all human rights complaints, and ensure that human rights treaties were incorporated into the text of the new Constitution. Other suggestions from the Committee were for the State to examine carefully the risk of torture when a foreign country requested someone be extradited, and to prohibit a subordinate using the order of a superior as justification to commit torture.

Cited as positive aspects in the report of Bulgaria were the State's declarations recognizing the Committee's competence under articles 21 and 22 of the Convention and that it had ratified, among other international and regional treaties, the European Convention of Prevention of Torture and Other Inhuman or Degrading Treatment or Punishment. The Committee also noted with satisfaction Bulgaria's abolishment of the death penalty, and its continued domestic law reforms in the area of human rights. The Committee, however, showed concern that there was no definition or crime of torture in the country's laws, and that reliable non-governmental organizations continued to report ill-treatment by public officials, especially against minorities.

The Committee recommended that the State party continue its efforts to implement the provisions of the Convention, particularly articles 1 through 6, by adopting the necessary legislative measures in that regard. Other recommendations were for Bulgaria to continue its policies and efforts to educate law enforcement personnel as well as medical personnel about the prohibition of torture, and to take effective steps to put an end to practices of ill-treatment by police which still occurred. The Committee said all prisoners' correspondence addressed to international bodies of investigation or settlement of disputes should be excluded from ''censor checks'' by prison personnel or other authorities.

Among the issues praised in Italy's report were the introduction in Parliament of a bill aimed at adding the crime of torture to legislation and setting-up a special fund for the victims of acts of torture. Also noted was the introduction of a number of modifications in the regime of precautionary measures to protect arrested persons and detainees from ill-treatment or torture, such as the rule requiring that questioning outside the court had to be documented by sound or audio-visual recordings. The Committee also was pleased to see the passage of Law no. 40, which among other things, granted aliens who were legally residing in Italy parity with Italian citizens. The Committee showed concern, though, about the State's overcrowded prison system, and about the lack of training of peace-keepers in the field of human rights.

The Committee recommended that the legislative authorities in the State party proceed to incorporate into domestic law the crime of torture as defined in article 1 of the Convention, and make provision of an appropriate system of compensation for torture victims. The Committee also proposed that the State keep the Committee informed on the progress and result of the judicial proceedings resulting from the incidents in Somalia, and that all prisoners' correspondence addressed to international bodies of investigation and settlement of dispute be excluded from “censor checks” by prison personnel or other authorities.

Among the positive aspects in the report of Luxembourg were its abolishment of the death penalty, and the legislation concerning the entry and residence of foreigners which prohibited the expulsion or return of a foreigner if he was in danger of being subjected to acts of torture or cruel, inhuman or degrading treatment in another country. Also praised were proposed amendments of criminal legislation relating to characterization of torture as a specific offense; and bringing the law on extradition into line with article 3 of the Convention. The Committee, however, said it was concerned with the length and frequent use of strict solitary confinement imposed on detainees and the fact that this disciplinary measure could not be appealed, and the situation of young offenders held in Luxembourg prisons

The Committee recommended that Luxembourg should adopt legislation defining torture in accordance with article 1 of the Convention, and should consider all acts of torture as specific offenses. It also recommended that Luxembourg should introduce into law the possibility of an effective appeal against the most severe disciplinary measures imposed on detainees, reduce the severity of these measures, and prohibit the placing of juveniles in the adult prison system. Finally, the Committee proposed that the Government ensure the obligations arising from articles 11, 12, 14, and 15 were duly respected, and that the third and fourth periodic reports, respectively due on 28 October 1996 and 28 October 2000, be submitted by 28 October 2000 at the latest.

Among the positive aspects in the report of the Libyan Arab Jamahiriya were that the legal provisions of the State party generally conformed with the requirements of the Convention, and that progress had been made in the efforts to improve education and information regarding prohibition against torture in the training of law enforcement personnel as well as medical personnel. Further, corporal punishment had not been used in recent years. Matters of concern that were raised, however, were prolonged incommunicado detention periods, and continued allegations of torture in the State party. Also cited was one incident in which a person was extradited to a country where there were substantive grounds for believing that he was in danger of being subjected to torture.

The Committee recommended that the law and practices of the State party be brought in line with article 3 of the Convention. It also recommended that the Libyan authorities guarantee the free access of a person deprived of his liberty to a lawyer and to a doctor of his choice and to his relatives at all stages of detention. It also said that the State party should send a clear message to all its law-enforcement personnel that torture was not permitted under any circumstances. In addition, those who committed the offense of torture should be subjected to a prompt and impartial investigation and should be rigorously prosecuted in accordance with the law. Finally, the Committee concluded that although corporal punishment had not been practised in recent years, it should be abolished by law.

Cited among the positive developments in the report of Morocco were the political will that demonstrated a true state of law, as evidenced by several paragraphs of the report, and the Government's decision to pay an allowance to recently-released political prisoners and to pay for their medical care when necessary. In addition, Morocco had implemented several recommendations made by the Committee after its first report was considered, including the publishing of a journal containing the text of the Convention. On areas of concern, the Committee noted the absence of a specific definition of torture from the statutes, and said it had continued to receive reports of torture and ill-treatment.

The Committee recommended that Morocco implement a definition of torture into its general laws, and reform its extradition and expulsion laws so that they conformed with the provisions of the Convention. It also suggested that the country recognize the competence of the Committee under articles 21 and 22 of the Convention, and to investigate the allegations brought to the attention of the delegation by the Committee. If the allegations were true, it was recommended that the perpetrators be punished, and the victims compensated.

Egypt had several provisions of its report cited as positive aspects, including the release of a large number of persons who had been held under the Emergency Act of 1958, and the reduced number of complaints of maltreatment by persons detained under the Act. Also noted with satisfaction was the broad literacy and educational programme undertaken by the Egyptian Government, as well as the creation of the Office of Human Rights in the Public Prosecutor's Department that would investigate complaints of torture, and the compensation of hundreds of torture victims by the civil courts. But there were areas of concern as well, including the large number of allegations of torture and even of death relating to detainees made against both the police and the State Security Intelligence, and the allegations of the World Organization against Torture on treatment of female detainees.

The Committee recommended that Egypt take effective means to prevent torture in police and State Security Intelligence custody and that all perpetrators be vigorously prosecuted. It was also recommended that effective steps be taken to protect women from threats of sexual abuse by police and officers of the State Security Intelligence as a means of obtaining information from them. In addition, the Committee suggested that the State establish and maintain a proper registry of detainees, concerning both police and State Security Intelligence, which would be accessible to the public. Further, it was proposed that the Government continue to upgrade its prison facilities, and provide the Committee with information about the number of circumstances of deaths in custody over the past five years.

The positive aspects of the report of Liechtenstein were the fact that there had been no reports of maltreatment of detainees during the period under review, that the country's legislation generally conformed with the tenets of the Convention, and that the law and practice of the State relating to asylum seekers was in sync with article 3 of the Convention. The Committee noted no subjects of concern.

The Committee recommended that the Government continue to implement the terms of the Convention in the effective way in which it had done in the past, and that the third periodic report be presented to the Committee in accordance with its due date.

States Parties to Convention

The Convention has been ratified or acceded to by the following 114 States: Afghanistan, Albania, Antigua and Barbuda, Argentina, Armenia, Australia, Austria, Azerbaijan, Bangladesh, Belarus, Belize, Benin, Bolivia, Bosnia and Herzegovina, Brazil, Bulgaria, Burkina Fasso, Burundi, Cambodia, Cameroon, Canada, Cape Verde, Chad, Chile, China, Colombia, Costa Rica, Cote d'Ivoire, Croatia, Cuba, Cyprus, Czech Republic, Democratic Republic of Congo, Denmark, Ecuador, Egypt, El Salvador, Estonia, Ethiopia, Finland, France, Georgia, Germany, Greece, Guatemala, Guinea, Guyana, Honduras, Hungary, Iceland, Indonesia, Israel, Italy, Jordan, Kazakhstan, Kenya, Kuwait, Kyrgyzstan, Latvia, Libya, Liechtenstein, Lithuania, Luxembourg, Malawi, Mali, Malta, Mauritius, Mexico, Moldova, Monaco, Morocco, Namibia, Nepal, Netherlands, New Zealand, Niger, Norway, Panama, Paraguay, Peru, Philippines, Poland, Portugal, Republic of Korea, Romania, Russian Federation, Saudi Arabia, Senegal, Seychelles, Slovak Republic, Slovenia, Somali
a, South Africa, Spain, Sri Lanka, Sweden, Switzerland, Tajikistan, the Former Yugoslav Republic of Macedonia, Togo, Tunisia, Turkey, Uganda, Ukraine, United Kingdom, United States, Uruguay, Uzbekistan, Venezuela, Yemen, Yugoslavia and Zambia.

The following 39 States have recognized the competence of the Committee under articles 21 and 22: Algeria, Argentina, Australia, Austria, Bulgaria, Canada, Croatia, Cyprus, Czech Republic, Denmark, Ecuador, Finland, France, Greece, Hungary, Iceland, Italy, Liechtenstein, Luxembourg, Malta, Monaco, Netherlands, New Zealand, Norway, Poland, Portugal, Russian Federation, Senegal, Slovak Republic, Slovenia, Spain, Sweden, Switzerland, Togo, Tunisia, Turkey, Uruguay, Venezuela and Yugoslavia. In addition, the United Kingdom and the United States have recognized the competence of the Committee under article 21 only.

Membership and Officers

The Committee's members are elected by the State 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); Alejandro Gonzalez Poblete (Chile); Andreas Mavrommatis (Cyprus); Ada Polajnar-Pavcnik (Slovenia); Antonio Silva Henriques Gaspar (Portugal); Bent Sorensen (Denmark); Alexander M. Yakovlev (Russian Federation); and Yu Mengjia (China).

Mr. Burns is Chairman. Vice-Chairpersons are Mr. Camara, Mr. Gonzalez Poblete and Mr. Yu. Mr. Sorensen is Rapporteur.