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COMMITTEE AGAINST TORTURE TO HOLD THIRTY-NINTH SESSION FROM 5 TO 23 NOVEMBER 2007

01 November 2007

Committee against Torture
BACKGROUND RELEASE 1 November 2007


Experts to Consider Reports of Latvia, Uzbekistan, Norway, Estonia, Portugal and Benin

The Committee against Torture will meet at the Palais Wilson in Geneva from 5 to 23 November 2007 to review measures adopted by Latvia, Uzbekistan, Norway, Estonia, Portugal and Benin to prevent and punish acts of torture. Representatives of the six 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 session, it will discuss a revised draft General Comment on Article 2 of the Convention, which requires States parties to take effective legislative, administrative, judicial or other measures to prevent acts of torture in any territory under its jurisdiction. It will also consider follow-up to State party reports and individual communications, and will review its methods of work, in particular in the context of ongoing reform of the human rights treaty bodies.

Also during the three-week 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.

Latvia and Benin are presenting their second periodic reports; Uzbekistan is presenting its third periodic report; Estonia and Portugal are presenting fourth periodic reports; and Norway is presenting its fifth periodic report. The Committee's conclusions and recommendations on the initial report of Latvia, considered in November 2003, can be found in document CAT/C/CR/31/3. Concluding observations on the initial report of Benin, examined in November 2001, were issued in document A/57/44, paras. 30-35. The Committee's conclusions on the second periodic report of Uzbekistan, reviewed in May 2002, can be found in document CAT/C/CR/28/7. Conclusions and recommendations for the initial report of Estonia, considered in November 2002, are incorporated in document CAT/C/80/Add.1.For reasons set out in the concluding recommendations, the Committee decided that Estonia's next report would be considered as its fourth periodic report. The third periodic report of Portugual was examined by the Committee in May 2000, and concluding recommendations on it can be found in document A/55/44, paras. 96-105. In May 2002, the Committee took up the fourth periodic report of Norway, and issued its recommendations in document CAT/C/CR/28/3. These documents are available at the following Web address: http://www.unhchr.ch/tbs/doc.nsf


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 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 inaugural meeting of the Subcommittee was held earlier this year in Geneva, from 19 to 23 February, and a second meeting was held from 26 to 29 June. The third meeting of the Subcommittee will be held from 19 to 23 November. 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.

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); Guibril Camara (Senegal); Felice Gaer (the United States); Luis Gallegos Chiriboga (Ecuador); Claudio Grossman (Chile); Alexander Kovalev (Russian Federation); Fernando Mariño Menendez (Spain); Andreas Mavrommatis (Cyprus); Nora Sveaass (Norway); and Xuexian Wang (China).

Mr. Mavrommatis is the Chairperson; Mr. Camara, Mr. Grossman and Mr. Kovalev are Vice Chairpersons; and Ms. Gaer is the 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:


Thursday, 8 November

Afternoon Latvia: second periodic report (CAT/C/38/Add.4)


Friday, 9 November

Morning Uzbekistan: third periodic report (CAT/C/UZB/3)
Afternoon Latvia (continued)


Monday, 12 November

Morning Norway: fifth periodic report (CAT/C/81/Add.4)
Afternoon Uzbekistan (continued)


Tuesday, 13 November

Morning Estonia: fourth periodic report (CAT/C/80/Add.1)
Afternoon Norway (continued)


Wednesday, 14 November

Morning Portugal: fourth periodic report (CAT/C/67/Add.6)
Afternoon Estonia (continued)


Thursday, 15 November

Morning Benin: second periodic report (CAT/C/BEN/2)
Afternoon Portugal (continued)


Friday, 16 November

Afternoon Benin (continued)

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For use of the information media; not an official record

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