COMMITTEE AGAINST TORTURE TO HOLD TWENTY-SIXTH SESSION AT PALAIS WILSON FROM 30 APRIL TO 18 MAY 2001

CAT
26th session
26 April 2001



BACKGROUND RELEASE







Panel Scheduled to Consider Reports From Georgia, Greece,
Bolivia, Slovakia, Czech Republic, Brazil, Kazakhstan and Costa Rica



The Committee against Torture will meet at the Palais Wilson in Geneva from 30 April to 18 May 2001 to review the measures adopted by Georgia, Greece, Bolivia, Slovakia, Czech Republic, Brazil, Kazakhstan and Costa Rica to prevent and punish acts of torture. Representatives of the eight countries are expected to come before the Committee to defend their records in implementing the rights enshrined in the Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment.

During the three-week meeting, the panel’s 10 independent Experts will also study, in closed session, information appearing to contain well-founded indications that torture is being systematically practised in a State party. In addition, they will examine communications from individuals claiming to be victims of a violation by a State party of the provisions of the treaty. The large number of overdue reports from State parties on how they are applying the Convention will be another subject of discussion.

At its last session, the Committee decided to discuss the situation in the occupied Palestinian territory in the light of article 16 of the Convention at its present session. Article 16 states that each State party shall undertake to prevent in any territory under its jurisdiction other acts of cruel, inhuman or degrading treatment or punishment which do not amount to torture when such acts are committed by or at the instigation of or with the consent or acquiescence of a public official or other person acting in an official capacity.


There are 123 State parties to the Convention, which requires signatories to outlaw torture and explicitly prohibits the use of “higher orders” or “exceptional circumstances” as excuses for acts of torture. The Committee was established in 1987 to monitor compliance with the Convention and to assist State parties in implementing its provisions.


Committee’s concluding observations on the last reports submitted by Georgia, Greece and the Czech Republic

Concerning the initial report of Georgia which was considered in November 1996, the Committee noted with satisfaction the policy of the Government aimed at instituting structural reforms to reflect the provisions of the Convention. The Committee also considered important the willingness of the representatives of Georgia to acknowledge that, despite the reforms referred to above, torture and ill-treatment occurred in places of detention and elsewhere. The Committee expressed concern about the volume of complaints of torture, particularly related to the extraction of confessions, and the failure to investigate claims of torture promptly and to prosecute alleged offenders. It recommended that incommunicado detention be abolished and that rigorous educational programmes for the police, prison officers, doctors, prosecutors and judges be implemented to ensure that each group understood its constitutional role and its obligations under the Convention.

Following its consideration of second periodic report of Greece in April 1994, the Committee felt that Greece had a very advanced legislative and administrative scheme for the implementation of human rights values contained in the international instruments. The Committee was concerned at the practice of severe ill-treatment which seemed to be an ongoing problem occurring in some police stations. It recommended that the advanced legislation in Greece for preventing the ill-treatment of accused persons be fully applied in practice. It also recommended that more attention be given to adequate training on the prohibition of torture to medical personnel.

When the Committee took up the initial report of the Czech Republic in November 1994, it expressed its pleasure that the Czech Republic had adopted a definition of torture which was close to that in the Convention and had taken the steps necessary to ensure that it was a crime in that country. The Committee said that even though the Czech Republic had not declared in favour of articles 21 and 22 and maintained its reservation on article 20 of the Convention, the Czech delegation had explained that this was due to the weight of business in the legislative and executive fields and in no way reflected a lack of political will to remedy the situation. The Committee was confident that the Czech Republic would move to reform its situation in this regard and looked forward to its second periodic report.


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, 1 May

Morning: Georgia, second periodic report CAT/C/48/Add.1


Wednesday, 2 May

Morning: Greece, third periodic report, CAT/C/39/Add.3

Afternoon: Georgia (continued)


Thursday, 3 May

Morning: Bolivia, initial report, CAT/C/52/Add.1

Afternoon: Greece (continued)


Friday, 4 May

Morning: Slovakia, initial report, CAT/C/24/Add.6

Afternoon: Bolivia: replies


Monday, 7 May

Morning: Czech Republic, second periodic report, CAT/C/38/Add.1

Afternoon: Georgia: conclusions and recommendations & Slovakia


Tuesday, 8 May

Morning: Brazil, initial report, CAT/C/9/Add.16

Afternoon: Greece: conclusions and recommendations & Czech Republic


Wednesday, 9 May

Morning: Kazakhstan: initial report, CAT/C/47/Add.1

Afternoon: Bolivia: conclusions and recommendations & Brazil



Thursday, 10 May

Morning: Costa Rica: initial report CAT/C/24/Add.7

Afternoon: Kazakhstan: replies


Friday, 11 May

Afternoon: Slovakia: conclusions and recommendations & Costa Rica


Monday, 14 May

Afternoon: Czech Republic: conclusions and recommendations


Tuesday, 15 May

Afternoon: Brazil: conclusions and recommendations


Wednesday, 16 May

Afternoon: Kazakhstan: conclusions and recommendations


Thursday, 17 May

Afternoon: Costa Rica: conclusions and recommendations


As each country report is taken up by the Committee, a summary of the relevant document will be in the press release covering that session.


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, it provides for international investigation of reliable reports of torture, including visits to the State party concerned, with its agreement.

Under article 20 of the Convention, 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, the Committee shall invite that State party to cooperate in the examination of this information.


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 123 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 Fasso, Burundi, Cambodia, Cameroon, Canada, Cape Verde, Chad, Chile, China, Colombia, Costa Rica, Côte d'Ivoire, Croatia, Cuba, Cyprus, Czech Republic, Democratic Republic of the Congo, Denmark, Ecuador, Egypt, El Salvador, Estonia, Ethiopia, Finland, France, Gabon, Georgia, Germany, Ghana, Greece, Guatemala, Guinea, Guyana, Honduras, Hungary, Iceland, Indonesia, Israel, Italy, Japan, Jordan, Kazakhstan, Kenya, Kuwait, Kyrgyzstan, Latvia, Lebanon, Libya, Liechtenstein, Lithuania, Luxembourg, Malawi, Mali, Malta, Mauritius, Mexico, Moldova, Monaco, Morocco, Mozambique, Namibia, Nepal, Netherlands, New Zealand, Niger, Norway, Panama, Paraguay, Peru, Philippines, Poland, Portugal, Qatar, Republic of Korea, Romania, Russian Federation, Saudi Arabia, Senegal, Seychelles, Slovak Republic, Slovenia, Somalia, South Africa, Spain, Sri Lanka, Sweden, Switzerland, Tajikistan, the Former Yugoslav Republic of Macedonia, Togo, Tunisia, Turkey, Turkmenistan, Uganda, Ukraine, United Kingdom, United States, Uruguay, Uzbekistan, Venezuela, Yemen, Yugoslavia and Zambia.

The following 43 States have recognized the competence of the Committee under articles 21 and 22: Algeria, Argentina, Australia, Austria, Belgium, Bulgaria, Cameroon Canada, Croatia, Cyprus, Czech Republic, Denmark, Ecuador, Finland, France, Ghana, Greece, Hungary, Iceland, Italy, Liechtenstein, Luxembourg, Malta, Monaco, Netherlands, New Zealand, Norway, Poland, Portugal, Russian Federation, Senegal, Slovak Republic, Slovenia, South Africa, Spain, Sweden, Switzerland, Togo, Tunisia, Turkey, Uruguay, Venezuela and Yugoslavia. In addition, Japan, the United Kingdom and the United States of America have recognized the competence of the Committee under article 21 only.

The Commission on Human Rights, at its fifty-seventh session, invited States parties to the Convention to make the declarations under articles 21 and 22. It also invited parties to envisage withdrawing their reservations to article 20.


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. At its fifty-seventh session, the Commission on Human Rights on 24 April, 2001 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. On 25 April 2001, the Commission extended the mandate of its Special Rapporteur on Torture for three years, encouraging all Governments to envisage inviting him to visit their countries.

The Commission also requested the Working Group charged with elaborating a draft optional protocol to the Convention against Torture to continue its work with a view to achieving a definitive and concrete text. The draft optional protocol would establish a system of inspection visits to places of detention. The Chairman of the Committee and the Special Rapporteur were requested to participate in the proceedings of the Working Group.


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: Peter Thomas Burns (Canada); Guibril Camara (Senegal); Sayed Kassem el Masry (Egypt); Felice Gaer (the United States of America); Antonio Silva Henriques Gaspar (Portugal); Alejandro Gonzalez Poblete (Chile); Andreas Mavrommatis (Cyprus); Ole Vedel Rasmussen (Denmark); Alexander M. Yakovlev (the Russian Federation); and Yu Mengja (China).

Mr. Burns is Chairman. Vice-Chairpersons are Mr. Camara, Mr. Gonzalez Poblete and Mr. Yu. Mr. el Masry is Rapporteur.


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