COMMITTEE AGAINST TORTURE TO HOLD FORTY-THIRD SESSION IN GENEVA FROM 2 TO 20 NOVEMBER 2009

 

29 October 2009

 

 

The Committee against Torture will meet at the Palais Wilson in Geneva from 2 to 20 November 2009 to review measures adopted by Yemen, Slovakia, El Salvador, Spain, Azerbaijan, Colombia and the Republic of Moldova 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.

 

At the first meeting, which starts on Monday, 2 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 seven reports cited, the Committee will consider follow-up to State party reports and individual communications. It will also consider, in closed meetings, 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 will also meet in private session with representatives of non-governmental organizations and national human rights institutions from States whose reports are being considered at this session.

 

On the afternoon of Tuesday, 17 November, the Committee will hold a public meeting with the Subcommittee on Prevention of Torture, to be followed by a joint meeting with the Subcommittee, the Special Rapporteur on torture and other cruel, inhuman or degrading treatment or punishment, and the Committee on the Rights of Persons with Disabilities.

 

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

 

Yemen, Slovakia, El Salvador and Moldova are presenting their second periodic reports; Azerbaijan is presenting its third periodic report; Colombia is presenting its fourth periodic report; and Spain is presenting its fifth periodic report. The Committee's conclusions and recommendations on the initial report of Yemen, considered on 17 and 18 November 2003, are contained in document CAT/C/CR/31/4. The concluding observations on Slovakia’s initial report, which was examined over three meetings on 4, 7 and 11 May 2001, were issued in document A/56/44 (paras. 99-105). El Salvador’s initial report was reviewed on 9, 10 and 12 May 2000, and concluding observations were issued on it in document A/55/44 (paras. 152-174). The fourth periodic report of Spain was taken up by the Committee on 12, 13 and 19 November 2002, and the concluding observations on it can be found in document CAT/C/CR/29/3. Azerbaijan’s second periodic report was examined by the Committee on 30 April and 1 May 2003, and the concluding observations on it were published in document CAT/C/CR/30/1. The Committee considered the third periodic report of Colombia on 11 and 12 November 2003, and issued conclusions and recommendations in document CAT/C/CR/31/1. And the Committee reviewed the initial report of the Republic of Moldova on 8 and 9 May 2003, and the concluding observations on it can be found in document CAT/C/CR/30/7.

 

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 146 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, Rwanda, 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 56 States have recognized the competence of the Committee under articles 21 and 22: Algeria, Andorra, Argentina, Australia, Austria, Belgium, Bolivia, Bosnia and Herzegovina, Bulgaria, Cameroon, Canada, Chile, Costa Rica, Croatia, Cyprus, Czech Republic, Denmark, Ecuador, Finland, France, Georgia, Germany, Ghana, Greece, Hungary, Iceland, Ireland, Italy, Kazakhstan, 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 established that States parties must create national bodies to visit places where persons are deprived of their liberty in order to prevent torture. The ninth meeting of the Subcommittee on Prevention will be held from 16 to 20 November 2009.

 

Currently, 5Fifty States have now ratified the Optional Protocol, which will lead to the increase of the membership of the Subcommittee to 25. The election of the 15 additional members will be held in October 2010, with the 25 members starting their first session in February 2011.triggering the increase in the membership of the Subcommittee to 25, with 15 new members to be elected at the next meeting of the body. The following States have ratified the Optional Protocol: Albania, Argentina, Armenia, Azerbaijan, Benin, Bolivia, Bosnia and Herzegovina, Brazil, Cambodia, Chile, Costa Rica, Croatia, Cyprus, Czech Republic, Denmark, Estonia, France, Georgia, Germany, Guatemala, Honduras, Kazakhstan, Kyrgyzstan, Lebanon, Liberia, Liechtenstein, Maldives, Mali, Malta, Mauritius, Mexico, Montenegro, New Zealand, Nicaragua, Nigeria, Paraguay, Peru, Poland, Republic of Moldova, Romania, Senegal, Serbia, Slovenia, Spain, Sweden, Switzerland, the former Yugoslav Republic of Macedonia, Ukraine, United Kingdom of Great Britain and Northern Ireland 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.

 

Furthermore, by its resolution 1985/33, the United Nations Commission on Human Rights decided to appoint an expert, a Special Rapporteur, to examine questions relevant to torture. The mandate, which has subsequently been extended by the Human Rights Council, covers all countries, irrespective of whether a State has ratified the Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment. The mandate comprises three main activities: transmitting urgent appeals to States with regard to individuals reported to be at risk of torture, as well as communications on past alleged cases of torture; undertaking fact-finding country visits; and submitting annual reports on activities, the mandate and methods of work to the Human Rights Council and 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: Essadia Belmir (Morocco); Felice Gaer (the United States); Luis Gallegos Chiriboga (Ecuador); Abdoulaye Gaye (Senegal); Claudio Grossman (Chile); Myrna Y. Kleopas (Cyprus); Alexander Kovalev (Russian Federation); Fernando Mariño Menendez (Spain); 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, 3 November

Morning Yemen: second periodic report (CAT/C/YEM/2)

Afternoon: Slovakia: second periodic report (CAT/C/SVK/2)

 

Wednesday, 4 November

Morning Yemen (continued)

Afternoon Slovakia (continued)

 

Thursday, 5 November

Morning El Salvador: second periodic report (CAT/C/SLV/2)

 

Friday, 6 November

Morning El Salvador (continued)

 

Monday, 9 November

Afternoon Azerbaijan: third periodic report (CAT/C/AZE/3)

 

Tuesday, 10 November

Morning Colombia: fourth periodic report (CAT/C/COL/4)

Afternoon Azerbaijan (continued)

 

Wednesday, 11 November

Morning Republic of Moldova: second periodic report (CAT/C/MDA/2)

Afternoon Colombia (continued)

 

Thursday, 12 November

Morning Republic of Moldova (continued)

Afternoon Spain: fifth periodic report (CAT/C/ESP/5)

Friday, 13 November

 

Morning Spain (continued)

Friday, 20 November

Morning: Public closing

 

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