COMMITTEE AGAINST TORTURE TO HOLD FORTY-FIRST SESSION IN GENEVA FROM 3 TO 21 NOVEMBER 2008

Committee against Torture
BACKGROUND RELEASE

30 October 2008




Experts to Consider Reports of Lithuania, Serbia, Kazakhstan, China, Montenegro, Belgium and Kenya


The Committee against Torture will meet at the Palais Wilson in Geneva from 3 to 21 November to review measures adopted by Lithuania, Serbia, Kazakhstan, China (including Hong Kong and Macao Special Administrative Regions), Montenegro, Belgium and Kenya to prevent and punish acts of torture. Representatives of the seven countries are expected to come before the Committee to defend national efforts to implement the rights enshrined in the Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment.

For logistical reasons the Committee will hold its review of the reports of China and the Hong Kong and Macao Special Administrative Regions in Room XII of the Palais des Nations.

At the first meeting, on Monday, 3 November, at 10.30 a.m., the Committee will hear an update on developments in human rights and other areas of concern to the Committee by a representative of the Secretary-General. It will also adopt its agenda and programme of work.

During the course of its three-week session, in addition to reviewing the reports cited, the Committee will consider follow-up to State party reports and individual communications. Also during this session, the Committee’s 10 Independent Experts will consider, in closed session, information appearing to contain well-founded indications that torture is systematically being practised in some States parties; and complaints from individuals claiming to be victims of a violation by a State party of the provisions of the Convention.

The Committee was established in 1987 to monitor compliance with the Convention and to assist States parties in implementing its provisions.

Serbia, Montenegro and Kenya are presenting their initial reports; Lithuania, Kazakhstan and Belgium are presenting their second periodic reports; and China, including the Hong Kong and Macao Special Administrative Regions, is presenting its fourth periodic reports. The Committee's conclusions and recommendations on the initial report of Lithuania, considered in November 2003, are contained in document CAT/C/CR/31/5. Concluding observations on the initial report of Kazakhstan, which was taken up by the Committee in May 2001, are included in paragraphs 121 to 129 of document A/56/44. The Committee’s concluding observations on the third periodic report of China, examined in May 2001, are contained in paragraphs 106 to 145 of document A/55/44. And concluding observations on the initial report of Belgium, which was reviewed by the Committee in May 2003, can be found in document CAT/C/CR/30/6.


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 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; secondly, 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 practised 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 145 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, Ecuador, Egypt, Equatorial Guinea, El Salvador, Estonia, Ethiopia, Finland, France, Gabon, Georgia, Germany, Ghana, Greece, Guatemala, Guinea, Guyana, Holy See, Honduras, Hungary, Iceland, Indonesia, Ireland, Israel, Italy, Japan, Jordan, Kazakhstan, Kenya, Kuwait, Kyrgyzstan, Latvia, Lebanon, Lesotho, Liberia, Libya, Liechtenstein, Lithuania, Luxembourg, Madagascar, Malawi, Maldives, Mali, Malta, Mauritius, Mauritania, Mexico, Moldova, Monaco, Mongolia, Montenegro, Morocco, Mozambique, Namibia, Nepal, the Netherlands, New Zealand, Nicaragua, Niger, Nigeria, Norway, Panama, Paraguay, Peru, Philippines, Poland, Portugal, Qatar, Republic of Korea, Romania, Russian Federation, Saint Vincent and the Grenadines, San Marino, Saudi Arabia, Senegal, Serbia, Seychelles, Sierra Leone, Slovakia, Slovenia, Somalia, South Africa, Spain, 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 Kingdom, United States, Uruguay, Uzbekistan, Venezuela, Yemen and Zambia.

The following 54 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, Hungary, Iceland, Ireland, Italy, Liechtenstein, Luxembourg, Malta, Monaco, Montenegro, Netherlands, New Zealand, Norway, Paraguay, Peru, Poland, Portugal, 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, created a panel of 10 Experts – the Subcommittee on Prevention of Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment – and national bodies to visit places where persons are deprived of their liberty in order to prevent torture. The third meeting of the Subcommittee on Prevention was held in Geneva from 19 to 23 November 2007. Currently, 37 States have ratified the Optional Protocol: Albania, Argentina, Armenia, Benin, Bolivia, Bosnia and Herzegovina, Brazil, Cambodia, Costa Rica, Croatia, Denmark, Estonia, Georgia, Guatemala, Honduras, Kazakhstan, Liberia, Liechtenstein, Maldives, Mali, Malta, Mauritius, Mexico, Moldova, Montenegro, New Zealand, Paraguay, Peru, Poland, Senegal, Serbia, Slovenia, Spain, Sweden, Ukraine, United Kingdom 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.

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: Essadia Belmir (Morocco); Abdoulaye Gaye (Senegal); Felice Gaer (the United States); Luis Gallegos Chiriboga (Ecuador); Claudio Grossman (Chile); Alexander Kovalev (Russian Federation); Fernando Mariño Menendez (Spain); Myrna Y. Kleopas (Cyprus); Nora Sveaass (Norway); and Xuexian Wang (China).

Mr. Grossman is the Committee Chairperson; Ms. Sveaass, Ms. Belmir and Mr. Wang are the Vice-Chairpersons; and Ms. Kleopas is the Committee Rapporteur.


Provisional Timetable for Consideration of Reports

In ratifying or acceding to the Convention, States are obliged to submit reports on the measures they have taken to implement its provisions. States are invited to send representatives to attend the meetings during which their reports are considered. For this session, the Committee has drawn up the following provisional timetable for the consideration of reports:

Tuesday, 4 November

Morning Lithuania: second periodic report (CAT/C/LTU/2)

Wednesday, 5 November

Morning Serbia: initial report (CAT/C/SRB/2)

Afternoon Lithuania (continued)

Thursday, 7 November

Morning Kazakhstan: second periodic report (CAT/C/KAZ/2)

Afternoon Serbia (continued)

Friday, 8 November

Morning China, Hong Kong SAR and Macao SAR: fourth periodic reports (CAT/C/CHN/4; CAT/C/HKG/4; CAT/C/MAC/4) (Palais des Nations, Room XII)

Afternoon Kazakhstan (continued)

Monday, 10 November

Morning China, Hong Kong SAR and Macao SAR (continued) (Palais des Nations, Room XII)

Tuesday, 11 November

Morning Montenegro: initial report (CAT/C/MNE/1)

Wednesday, 12 November

Morning Belgium: second periodic report (CAT/C/BEL/2)

Afternoon Montenegro (continued)

Thursday, 13 November

Morning Kenya: initial report (CAT/C/KEN/1)

Afternoon Belgium (continued)

Friday, 14 November

Morning Kenya (continued)

Friday, 21 November

Morning Public closing

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