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COMMITTEE AGAINST TORTURE TO HOLD THIRTY-FOURTH SESSION FROM 7 TO 25 NOVEMBER 2005

03 November 2005

Committee against torture
BACKGROUND RELEASE

3 November 2005



Experts to Consider Reports of Bosnia and Herzegovina, Nepal, France,
Ecuador, Democratic Republic of Congo, Austria and Sri Lanka


The Committee against Torture will meet at the Palais des Nations in Geneva (Room XI) from 7 to 25 November 2005 to review measures adopted by Bosnia and Herzegovina, Nepal, France, Ecuador, the Democratic Republic of Congo, Austria and Sri Lanka to prevent and punish acts of torture. Representatives of these countries are expected to come before the Committee to explain national efforts to implement the rights enshrined in the Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment.

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 practiced 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.

Bosnia and Herzegovina and the Democratic Republic of Congo are submitting initial reports. Nepal and Sri Lanka are submitting second periodic reports. Austria, France and Ecuador are submitting third periodic reports. Guyana is being considered as a non-reporting state and in the absence of a report.


The conclusions and recommendations of the Committee on the initial report of Nepal, which was reviewed in April 1994, can be found in document A/49/44 (paras. 138-147); those on the second periodic report of France, which was reviewed in May 1998, in document A/53/44 (paras.137-148); those on the second periodic report of Ecuador, which was reviewed in November 1993, in document A/49/44 (paras. 97-105); those on the second periodic report of Austria, which was reviewed in November 1999, in document A/55/44 (paras. 46-50); and those on the initial report of Sri Lanka, which was reviewed in May 1998, in document A/53/44 (paras. 243-257). The texts are available from http://www.unhchr.ch/tbs/doc.nsf/

Background on Convention and 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. Second, 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 practiced 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 140 States: Afghanistan, Albania, Algeria, 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, Malawi, Maldives, Mali, Malta, Mauritius, Mauritania, Mexico, Moldova, Monaco, Mongolia, 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, Saudi Arabia, Senegal, Serbia and Montenegro, Seychelles, Sierra Leone, Slovak Republic, 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 52 States have recognized the competence of the Committee to consider complaints under articles 21 and 22: Algeria, Argentina, Australia, Austria, Belgium, 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, Liechtenstein, Luxembourg, Malta, Monaco, Netherlands, New Zealand, Norway, Paraguay, Peru, Poland, Portugal, Russian Federation, Senegal, Serbia and Montenegro, 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 (to consider inter-State party complaints). Azerbaijan, Burundi, Guatemala, Mexico and Seychelles have recognized the competence of the Committee under article 22 only (to consider individual complaints).

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.

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: Guibril Camara (Senegal); Sayed Kassem el Masry (Egypt); Felice Gaer (the United States); Claudio Grossman (Chile); Fernando Mariño Menendez (Spain); Andreas Mavrommatis (Cyprus); Julio Prado Vallejo (Ecuador); Ole Vedel Rasmussen (Denmark); and Alexander M. Yakovlev (Russian Federation).


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 8 November
Morning: Bosnia and Herzegovina; initial report CAT/C/21/Add.6

Wednesday 9 November
Morning: Nepal; second periodic report CAT/C/33/Add.6
Afternoon: Bosnia and Herzegovina (continued)

Thursday 10 November
Morning: Sri Lanka; second periodic report CAT/C/48/Add.2
Afternoon: Nepal (continued)

Friday 11 November
Morning: Ecuador; third periodic report CAT/C/39/Add.6
Afternoon: Sri Lanka (continued)

Monday 14 November
Morning: Ecuador (continued)

Tuesday 15 November
Morning: Democratic Republic of Congo: initial report CAT/C/37/Add.6

Wednesday 16 November
Morning: Austria; third periodic report CAT/C/34/Add.18
Afternoon: Democratic Republic of the Congo (continued)

Thursday 17 November
Morning: France; third periodic report CAT/C/34/Add.19
Afternoon: Austria (continued)

Friday 18 November
Afternoon: France (continued)

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