COMMITTEE AGAINST TORTURE ISSUES CONCLUSIONS ON REPORTS OF BELGIUM AND MOLDOVA

CAT
30th session
15 May 2003
Afternoon




The Committee against Torture issued its conclusions and recommendations this afternoon on the initial reports of Belgium and Moldova. The reports dealt with national efforts to implement the Convention against Torture, of which the countries are two of 133 States parties. The Belgian report was discussed in Committee meetings on 6 and 7 May; the Moldovan report was reviewed at meetings on 8 and 9 May.
Among positive aspects to the Belgian report, the Committee noted Belgium’s recognition of the competence of the Committee to receive inter-State and individual complaints under articles 21 and 22 of the Convention, and the creation and subsequent expansion of the powers of Belgium’s Standing Committee on the Control of Police Services.
The Committee expressed concern, among other things, at cases of the use of excessive force during demonstrations or the expulsion of foreigners; at the possibility of ordering the isolation of juvenile delinquents aged 12 and over for up to 17 days; and at ineffective functioning of administrative commissions and organs of internal control of prisons.
Among its recommendations were that Belgian authorities ensure that all elements of the definition of torture in article 1 of the Convention were included in the definition established in Belgian criminal law; that Belgium ensure that all officials committing acts of ill-treatment be liable to criminal charges, even if it was established they were acting on the orders of a superior; and that Belgium ensure that guidelines on the use of force in dealing with public demonstrations and the expulsion of foreigners were in line with the guidelines of the Convention and that it proceed immediately with investigations of allegations of excessive use of force by public officials.
The Committee cited among positive developments in Moldova that the new Criminal Code of Moldova would provide a legal framework for more humane treatment for detainees; and that Moldova had agreed to publicize the reports and responses resulting from the visits of the European Committee for the Prevention of Torture.
The panel noted concern, among other things, at numerous and consistent allegations of acts of torture and other ill-treatment of detainees in police custody; at deletion of the definition of torture in the new Criminal Code that was in conformity with that of the Convention; and at administrative police detention for up to 30 days in temporary holding facilities under the jurisdiction of the Ministry of the Interior.
The Committee recommended, among other things, that Moldova ensure prompt, impartial and full investigations into the many allegations of torture reported to the authorities, the prosecution and punishment of the perpetrators as appropriate, and the just compensation of the victims; that it discontinue the practice of administrative police detention; and that it establish an independent administrative body competent to deal with complaints against the police and law enforcement personnel.
Towards the end of the afternoon meeting, the Committee reviewed and adopted its annual report.
The Committee will reconvene at 10 a.m. on Friday, 16 May, to conclude its thirtieth session. The session began on 28 April.

Conclusions and Recommendations on Initial Report of Belgium
Among positive developments in the country, the Committee noted Belgium’s recognition of the competence of the Committee to receive inter-State and individual complaints under articles 21 and 22 of the Convention; introduction into the Belgian Penal Code of articles relating to torture and stipulating that the order of a superior could not justify torture or inhumane treatment; and the creation and subsequent expansion of the powers of the Standing Committee on the Control of Police Services.
It cited concern, among other things, at cases of the use of excessive force during demonstrations or the expulsion of foreigners; the fact that foreigners having lived in Belgium for many years, if they significantly disrupted public order, could be expelled from the country even though almost all of their connections were within the country; the possibility of prolonged detention of foreigners if they refused to accept repatriation and the possibility of placing unaccompanied foreign minors in detention for extended periods; the fact that under regulations on exercising universal competence in Belgium in relation to grave violations of international humanitarian law, the Minister of Justice was authorized in certain cases to take away from a Belgian judge cases brought before him; the lack of legislation sufficient to ensure the rights of persons subject to judicial or administrative arrest to have access to a lawyer immediately upon arrest, to be clearly informed of their rights, and to be examined by a doctor of their choice; the possibility of ordering the isolation of juvenile delinquents aged 12 and over for up to 17 days; and the ineffective functioning of administrative commissions and organs of internal control of prisons.
The Committee recommended, among other things, that Belgian authorities ensure that all elements of the definition of torture in article 1 of the Convention be included in the definition established in Belgian criminal law; that Belgium ensure that all officials committing acts of ill-treatment be liable to criminal charges, even if it was established they were acting on the orders of a superior; that it include in the Belgian Penal Code a clause expressly prohibiting the invocation of a state of emergency as justification for the violation of the right not to be submitted to torture; that it ensure that guidelines on the use of force in dealing with public demonstrations and expulsion of foreigners were in line with the guidelines of the Convention and that it proceed immediately with investigations of allegations of excessive use of force by public officials; that Belgium set a time limit for the detention of foreigners against whom an expulsion order was issued; and that it draft specific legislation on unaccompanied foreign minors that took into account the best interests of the child.
The Committee also recommended that Belgium ensure respect for the independence of Belgian jurisdiction from executive power concerning the exercise of universal competence on the matter of grave violations of international humanitarian law; that Belgium expressly guarantee the right of any person judicially or administratively detained to have access to a lawyer and a doctor of his choice immediately upon his arrest, and to inform his family immediately of his detention; that it modernize its prison law, in particular to define the judicial status of detainees and to clarify the prison disciplinary regime, and that it guarantee the right of prisoners to file complaints in an effective manner against disciplinary sanctions before an independent and rapidly accessible body; that it more effectively address the problem of violence between prisoners; that it ensure that the placement of minors in isolation was not done except in exceptional circumstances, and that such isolation be only for a limited time; that it improve the system of prison monitoring and consider allowing NGOs to visit prisons regularly and to meet with inmates; and that it clearly state in legislation that evidence obtained under torture was automatically inadmissible and must not be considered by the courts.

Conclusions and Recommendations on Initial Report of Moldova
The Committee cited among positive aspects to the report indications that the new Criminal Code of Moldova would provide a legal framework for more humane treatment for detainees; the fact that Moldova had agreed to publicize the reports and responses resulting from the visits of the European Committee for the Prevention of Torture; and efforts by Moldovan authorities to improve prison conditions.
Concern was expressed, among other things, at numerous and consistent allegations of acts of torture and other ill-treatment of detainees in police custody; at a reported lack of prompt and adequate access of persons in police custody to legal and medical assistance, and to family members; at deletion of the definition of torture in the new Criminal Code that was in conformity with that of the Convention; at administrative police detention for up to 30 days in temporary holding facilities under the jurisdiction of the Ministry of the Interior; at allegations concerning a heavy emphasis put on confessions as a primary source of evidence in criminal proceedings; at reports alleging that immigrants apparently were being detained in poor conditions in temporary holding facilities; and at a lack of training in the prevention of torture of law enforcement personnel, including doctors dealing with persons deprived of their liberty.
The Committee recommended, among other things, that Moldova ensure that the fundamental safeguards against torture and ill-treatment of detainees, including those held for administrative offenses, be made available in practice; that Moldova incorporate into the new Criminal Code a definition of torture as a separate crime and in conformity with article 1 of the Convention; that it ensure prompt, impartial and full investigation into the many allegations of torture reported to the authorities, the prosecution and punishment of the perpetrators as appropriate, and the just compensation of the victims; that it discontinue the practice of administrative police detention; and that it establish an independent administrative body competent to deal with complaints against the police and law enforcement personnel.
The Committee also recommended that Moldova take effective measures to ensure a fully independent Procuracy and an independent judiciary, if necessary by calling for international cooperation; that it take measures to ensure that evidence obtained under torture was not invoked in court; that it take measures to ensure that the requirements of article 3 of the Convention were taken into consideration when deciding on the expulsion, return or extradition of aliens; that it transfer responsibility for detained persons in temporary holding facilities from the Ministry of Internal Affairs to the Ministry of Justice; that it issue directives on the proper conduct of police interrogations, including a total prohibition of ill-treatment and torture; that it improve conditions of detention in police stations and prisons and establish an independent and systematic system to monitor treatment in practice of persons arrested, detained, or imprisoned; and that it provide relevant detailed statistical data in its next report.



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