Welcome to the United Nations 
OHCHR 
Press releases Treaty bodies
COMMITTEE AGAINST TORTURE TO HOLD THIRTY-EIGHTH SESSION FROM 30 APRIL TO 18 MAY 2007
26 April 2007
Share
Committee against Torture
BACKGROUND RELEASE
26 April 2007
Experts to Consider Reports of Denmark, Luxembourg, Italy, the Netherlands, Ukraine, Japan and Poland
The Committee against Torture will meet at the Palais Wilson in Geneva from 30 April to 18 May 2007 to review measures adopted by Denmark, Luxembourg, Italy, the Netherlands, Ukraine, Japan and Poland 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, the Committee will adopt its agenda. During the three-week session, the Committee’s 10 Independent Experts will also 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.
Japan is presenting its initial report to the Committee; Italy, the Netherlands, and Poland are presenting fourth periodic reports; and Denmark, Luxembourg, and Ukraine are presenting fifth periodic reports. The Committee's conclusions and recommendations on the third periodic report of Italy, considered in May 1999, can be found in document A/54/44, paras. 163-169. Its conclusions on the third period report of the Netherlands, reviewed in May 2000, are contained in document A/55/44, paras. 181-188. Its conclusions on the third periodic report of Poland, which the Committee reviewed in May 2000, are contained in document A/55/44, paras. 82-95. The Committee's conclusions and recommendations on the fourth periodic report of Denmark, considered in May 2002, can be found in document CAT/C/CR/28/1. Its conclusions on the fourth periodic report of Luxembourg, also reviewed in May 2002, can be found in document CAT/C/CR/28/2. Its concluding observations on the fourth periodic report of the Ukraine, considered in November 2001, can be found in document A/57/44, paras. 54-58. These documents are available at the following web address: www.ohchr.org.
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 144 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, Timor-Leste, The Former Yugoslav Republic of Macedonia, 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 places where persons are deprived of their liberty in order to prevent torture. The first meeting of the Subcommittee on Prevention was held in Geneva from 19 to 23 February 2007. Currently, 34 States have ratified the Optional Protocol: Albania, Argentina, Armenia, Benin, Bolivia, Brazil, Cambodia, Costa Rica, Croatia, Denmark, Estonia, Georgia, Honduras, 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 has repeatedly 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. In 1985, the Commission on Human Rights established the mandate of the Special Rapporteur on torture and other cruel, inhuman or degrading treatment or punishment. The Special Rapporteur conducts country visits and issues an annual report which he presents to the Human Rights Council, the Commission’s successor.
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); Luis Benigno Gallegos Chiriboga (Ecuador); Guibril Camara (Senegal); Felice Gaer (the United States); Claudio Grossman (Chile); Alexander Kovalev (Russian Federation); Fernando Mariño Menendez (Spain); Andreas Mavrommatis (Cyprus); Nora Sveaass (Norway); and Xuexian Wang (China).
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:
Wednesday, 2 May
Morning Denmark: fifth periodic report (CAT/C/81/Add.2)
Thursday, 3 May
Morning Luxembourg: fifth periodic report (CAT/C/81/Add.5)
Afternoon Denmark (continued)
Friday, 4 May
Morning Italy: fourth periodic report (CAT/C/67/Add.3)
Afternoon Luxembourg (continued)
Monday, 7 May
Morning The Netherlands: fourth periodic report (CAT/C/67/Add.4)
Afternoon Italy (continued)
Tuesday, 8 May
Morning Ukraine: fifth periodic report (CAT/C/81/Add.1)
Afternoon The Netherlands (continued)
Wednesday, 9 May
Morning Japan: initial report (CAT/C/JPN/1)
Afternoon Ukraine (continued)
Thursday, 10 May
Morning Poland: fourth periodic report (CAT/C/67/Add.5)
Afternoon Japan (continued)
Friday, 11 May
Afternoon Poland (continued)
__________
For use of the information media; not an official record
BACKGROUND RELEASE
26 April 2007
Experts to Consider Reports of Denmark, Luxembourg, Italy, the Netherlands, Ukraine, Japan and Poland
The Committee against Torture will meet at the Palais Wilson in Geneva from 30 April to 18 May 2007 to review measures adopted by Denmark, Luxembourg, Italy, the Netherlands, Ukraine, Japan and Poland 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, the Committee will adopt its agenda. During the three-week session, the Committee’s 10 Independent Experts will also 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.
Japan is presenting its initial report to the Committee; Italy, the Netherlands, and Poland are presenting fourth periodic reports; and Denmark, Luxembourg, and Ukraine are presenting fifth periodic reports. The Committee's conclusions and recommendations on the third periodic report of Italy, considered in May 1999, can be found in document A/54/44, paras. 163-169. Its conclusions on the third period report of the Netherlands, reviewed in May 2000, are contained in document A/55/44, paras. 181-188. Its conclusions on the third periodic report of Poland, which the Committee reviewed in May 2000, are contained in document A/55/44, paras. 82-95. The Committee's conclusions and recommendations on the fourth periodic report of Denmark, considered in May 2002, can be found in document CAT/C/CR/28/1. Its conclusions on the fourth periodic report of Luxembourg, also reviewed in May 2002, can be found in document CAT/C/CR/28/2. Its concluding observations on the fourth periodic report of the Ukraine, considered in November 2001, can be found in document A/57/44, paras. 54-58. These documents are available at the following web address: www.ohchr.org.
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 144 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, Timor-Leste, The Former Yugoslav Republic of Macedonia, 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 places where persons are deprived of their liberty in order to prevent torture. The first meeting of the Subcommittee on Prevention was held in Geneva from 19 to 23 February 2007. Currently, 34 States have ratified the Optional Protocol: Albania, Argentina, Armenia, Benin, Bolivia, Brazil, Cambodia, Costa Rica, Croatia, Denmark, Estonia, Georgia, Honduras, 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 has repeatedly 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. In 1985, the Commission on Human Rights established the mandate of the Special Rapporteur on torture and other cruel, inhuman or degrading treatment or punishment. The Special Rapporteur conducts country visits and issues an annual report which he presents to the Human Rights Council, the Commission’s successor.
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); Luis Benigno Gallegos Chiriboga (Ecuador); Guibril Camara (Senegal); Felice Gaer (the United States); Claudio Grossman (Chile); Alexander Kovalev (Russian Federation); Fernando Mariño Menendez (Spain); Andreas Mavrommatis (Cyprus); Nora Sveaass (Norway); and Xuexian Wang (China).
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:
Wednesday, 2 May
Morning Denmark: fifth periodic report (CAT/C/81/Add.2)
Thursday, 3 May
Morning Luxembourg: fifth periodic report (CAT/C/81/Add.5)
Afternoon Denmark (continued)
Friday, 4 May
Morning Italy: fourth periodic report (CAT/C/67/Add.3)
Afternoon Luxembourg (continued)
Monday, 7 May
Morning The Netherlands: fourth periodic report (CAT/C/67/Add.4)
Afternoon Italy (continued)
Tuesday, 8 May
Morning Ukraine: fifth periodic report (CAT/C/81/Add.1)
Afternoon The Netherlands (continued)
Wednesday, 9 May
Morning Japan: initial report (CAT/C/JPN/1)
Afternoon Ukraine (continued)
Thursday, 10 May
Morning Poland: fourth periodic report (CAT/C/67/Add.5)
Afternoon Japan (continued)
Friday, 11 May
Afternoon Poland (continued)
__________
For use of the information media; not an official record
VIEW THIS PAGE IN: