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COMMITTEE AGAINST TORTURE HEARS RESPONSE OF CANADA
06 May 2005
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Committee against Torture
AFTERNOON 6 May 2005
The Committee against Torture this afternoon heard the response of Canada to questions raised by Committee Experts on the fourth and fifth periodic reports of that country on how it is implementing the provisions of the Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment.
Responding to a series of questions raised by the Committee members on Wednesday, 4 May, the delegation, which was led by Oonagh Fitzgerald, Acting Chief Legal Counsel, Public Law Sector, Department of Justice Canada, said the low number of female prisoners in the country was due to a women-centred specific approach which had resulted in a positive outcome in the penitential institutions. Women who committed homicide were not systematically sentenced to life imprisonment, but could be placed in special correctional centres.
With regard to a question on major violent incidents in correctional centres, which included murder of staff, inmates and major assaults, the delegation said the number of such incidents had decreased in recent years. In 2003-2004, the number of major violent incidents was 52 – a 20 per cent reduction from the previous years. Major violent incidents were spread throughout the federal system in accordance with the profile of the prison populations. The association of some individual prisoners with external gangs had also contributed to the major violent incidents.
The Committee will submit its conclusions and recommendations on the reports of Canada towards the end of the session on 20 May.
As one of the 139 States parties to the Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment, Canada is obliged to provide the Committee with periodic reports on the measures it has undertaken to fight torture.
When the Committee reconvenes at 10 a.m. on Monday, 9 May, it is scheduled to take up the fourth periodic report of Finland (CAT/C/67/Add.1).
Response of Canada
Responding to a series of questions raised by the Committee Experts on Wednesday, 4 May, the delegation of Canada said that the security of persons was the concern of the Government of Canada. Security concerns emanating from acts of terrorism were also an issue and the authorities had decisively taken measures to prevent the occurrence of such acts.
Concerning the nationality of those held on security reasons, and the issue of safe countries of origin, the delegation said Canada did not use the concept of safe country in order to expel the individual. Although there were some individuals at present held for security purposes, the concept of safe country was not involved.
The Canadian authorities investigated any serious allegations of war crimes, the delegation said. At present, there were about 80 cases of war crimes being investigated.
In response to a question concerning the low number of female prisoners in the country, the delegation said that a women-centred specific approach had resulted in a positive outcome in the penitential institutions. Women who committed homicide were not systematically sentenced to life imprisonment. In many cases, women who committed such crimes were placed in special correctional centres.
With regard to a question on major violent incidents in correctional centres, which included murder of staff, inmates and major assaults, the delegation said the number of such incidents had decreased in recent years. In 2003-2004, the number of major violent incidents was 52 – a 20 per cent reduction from the previous years. Major violent incidents were spread throughout the federal system in accordance with the profile of the prison populations. The association of some individual prisoners with external gangs had also contributed to the major violent incidents.
Police carried out videotaping during investigation processes, the delegation said. The police were trained to resolve conflicts in a manner that did not need force.
Concerning the use of restraining devices, the delegation said there were no electric chairs used in Canada. Within the correctional centres, only devices described in the security and safety guidelines could be used. They were used only to restrain individuals without harming them.
Training was provided to staff in rehabilitation centres, the delegation said. The Ministry of the Interior of Quebec had been providing financial assistance for the training of staff working with youth centres. The number of young people in rehabilitation centres had drastically decreased in recent years due to the good management of the centres.
In Ontario, the use of youth isolation was not practiced as a punishment, the delegation said. Any youth could complain. The ombudsman monitored the custody facilities with the view to prevent any abuse by the staff. The youth also had the possibility to lodge complaints with the Canadian Human Rights Commission.
With regard to corporal punishment, the delegation said that acts degrading the dignity of children were prohibited; however, only on special and transitional disciplinary measures could corporal punishment be used. The law in general prohibited the use of corporal punishment of children.
The Government had used intensive diplomatic and consular services with regard to Canadians detained abroad, the delegation said. The number of detained Canadians abroad was 2,287, including those holding dual Canadian citizenship. In the United States alone, there were more than 1,600 Canadians in detention. However, there were no reports of torture being practiced against Canadians living aboard. Further efforts were being deployed to transfer foreign prisoners to their respective countries of origin to complete the sentences they received in Canada. The delegation urged other countries to do the same.
The criminal code prohibited the use of coercive measures in order to obtain any confession from individuals, the delegation said. A series of safeguards were put in place to prevent and protect individuals from such acts.
On the prohibition of torture by the Canadian forces, the delegation said that when Canadian forces were deployed outside the country, their acts were liable under the country's law. The Geneva Convention, which also prohibited torture, was implemented in the internal law.
Respect for human rights was a core value for Canada, the delegation said, adding that courts were increasingly using international human rights instruments to uphold national legislation, including for the prohibition of torture and other cruel, inhuman or degrading treatment or punishment.
Canada was firmly committed to combating torture and was ready to cooperate with all international bodies, including the Committee against Torture, for the elimination of torture.
* *** *
This press release is not an official record and is provided for public information only.
AFTERNOON 6 May 2005
The Committee against Torture this afternoon heard the response of Canada to questions raised by Committee Experts on the fourth and fifth periodic reports of that country on how it is implementing the provisions of the Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment.
Responding to a series of questions raised by the Committee members on Wednesday, 4 May, the delegation, which was led by Oonagh Fitzgerald, Acting Chief Legal Counsel, Public Law Sector, Department of Justice Canada, said the low number of female prisoners in the country was due to a women-centred specific approach which had resulted in a positive outcome in the penitential institutions. Women who committed homicide were not systematically sentenced to life imprisonment, but could be placed in special correctional centres.
With regard to a question on major violent incidents in correctional centres, which included murder of staff, inmates and major assaults, the delegation said the number of such incidents had decreased in recent years. In 2003-2004, the number of major violent incidents was 52 – a 20 per cent reduction from the previous years. Major violent incidents were spread throughout the federal system in accordance with the profile of the prison populations. The association of some individual prisoners with external gangs had also contributed to the major violent incidents.
The Committee will submit its conclusions and recommendations on the reports of Canada towards the end of the session on 20 May.
As one of the 139 States parties to the Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment, Canada is obliged to provide the Committee with periodic reports on the measures it has undertaken to fight torture.
When the Committee reconvenes at 10 a.m. on Monday, 9 May, it is scheduled to take up the fourth periodic report of Finland (CAT/C/67/Add.1).
Response of Canada
Responding to a series of questions raised by the Committee Experts on Wednesday, 4 May, the delegation of Canada said that the security of persons was the concern of the Government of Canada. Security concerns emanating from acts of terrorism were also an issue and the authorities had decisively taken measures to prevent the occurrence of such acts.
Concerning the nationality of those held on security reasons, and the issue of safe countries of origin, the delegation said Canada did not use the concept of safe country in order to expel the individual. Although there were some individuals at present held for security purposes, the concept of safe country was not involved.
The Canadian authorities investigated any serious allegations of war crimes, the delegation said. At present, there were about 80 cases of war crimes being investigated.
In response to a question concerning the low number of female prisoners in the country, the delegation said that a women-centred specific approach had resulted in a positive outcome in the penitential institutions. Women who committed homicide were not systematically sentenced to life imprisonment. In many cases, women who committed such crimes were placed in special correctional centres.
With regard to a question on major violent incidents in correctional centres, which included murder of staff, inmates and major assaults, the delegation said the number of such incidents had decreased in recent years. In 2003-2004, the number of major violent incidents was 52 – a 20 per cent reduction from the previous years. Major violent incidents were spread throughout the federal system in accordance with the profile of the prison populations. The association of some individual prisoners with external gangs had also contributed to the major violent incidents.
Police carried out videotaping during investigation processes, the delegation said. The police were trained to resolve conflicts in a manner that did not need force.
Concerning the use of restraining devices, the delegation said there were no electric chairs used in Canada. Within the correctional centres, only devices described in the security and safety guidelines could be used. They were used only to restrain individuals without harming them.
Training was provided to staff in rehabilitation centres, the delegation said. The Ministry of the Interior of Quebec had been providing financial assistance for the training of staff working with youth centres. The number of young people in rehabilitation centres had drastically decreased in recent years due to the good management of the centres.
In Ontario, the use of youth isolation was not practiced as a punishment, the delegation said. Any youth could complain. The ombudsman monitored the custody facilities with the view to prevent any abuse by the staff. The youth also had the possibility to lodge complaints with the Canadian Human Rights Commission.
With regard to corporal punishment, the delegation said that acts degrading the dignity of children were prohibited; however, only on special and transitional disciplinary measures could corporal punishment be used. The law in general prohibited the use of corporal punishment of children.
The Government had used intensive diplomatic and consular services with regard to Canadians detained abroad, the delegation said. The number of detained Canadians abroad was 2,287, including those holding dual Canadian citizenship. In the United States alone, there were more than 1,600 Canadians in detention. However, there were no reports of torture being practiced against Canadians living aboard. Further efforts were being deployed to transfer foreign prisoners to their respective countries of origin to complete the sentences they received in Canada. The delegation urged other countries to do the same.
The criminal code prohibited the use of coercive measures in order to obtain any confession from individuals, the delegation said. A series of safeguards were put in place to prevent and protect individuals from such acts.
On the prohibition of torture by the Canadian forces, the delegation said that when Canadian forces were deployed outside the country, their acts were liable under the country's law. The Geneva Convention, which also prohibited torture, was implemented in the internal law.
Respect for human rights was a core value for Canada, the delegation said, adding that courts were increasingly using international human rights instruments to uphold national legislation, including for the prohibition of torture and other cruel, inhuman or degrading treatment or punishment.
Canada was firmly committed to combating torture and was ready to cooperate with all international bodies, including the Committee against Torture, for the elimination of torture.
* *** *
This press release is not an official record and is provided for public information only.
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