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COMMITTEE AGAINST TORTURE ISSUES CONCLUSIONS ON REPORTS OF CHILE AND NEW ZEALAND
19 May 2004
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Committee against Torture
19 May 2004
The Committee against Torture this afternoon issued its conclusions and recommendations on the third periodic reports of Chile and New Zealand which dealt with national efforts to implement the provisions of the Convention against Torture.
The Chilean report was discussed in Committee meetings on 10 and 11 May; and the New Zealand report was reviewed in meetings on 11 and 12 May.
Among positive aspects in the Chilean report, the Committee noted Chile’s introduction of the offence of torture in the national criminal system; the abolition of the provision of arrest on suspicion without due cause; and the reduction in the period of detention in police custody to a maximum of 24 hours.
The Committee expressed concern, among other things, about the allegations of continued ill-treatment of persons, in some cases amounting to torture, by Carabineros, civil police forces and prison guards, and reports of failure to conduct thorough and independent investigations into such complaints; and reports that some officials accused of torture-related crimes during the dictatorship had been appointed to high official positions.
Among the Committee’s recommendations were that Chilean authorities reform the Constitution to ensure the full protection of human rights including the right to be free from torture and cruel, inhuman or degrading treatment or punishment and abolish the Amnesty Law; and adopt all the necessary measures to ensure impartial, full and prompt investigations into all allegations of torture, the prosecution and punishment of the perpetrators, and adequate compensation for the victims.
The Committee cited among positive developments in New Zealand that measures were taken to improve the effectiveness and strengthen the independence of the Police Complaints Authority; efforts were undertaken to promote a positive relationship between the Police and Maori; and steps were taken to elaborate a national plan of action on human rights by the Human Rights Commission.
The Committee noted concern, among other things, about the fact that the immigration legislation did not incorporate the non-refoulement obligation provided for in article 3 of the Convention; and the significant decrease of the proportion of asylum seekers who were immediately released unrestricted into the community upon arrival, and the detention of several asylum seekers in remand prisons, with no segregation from other detainees.
The Committee recommended, among other things, that New Zealand
ensure at all times that the fight against terrorism would not lead to a breach of the Convention and undue hardship imposed on asylum seekers; take immediate steps to review the legislation relating to the security risk certificate, in order to ensure the effectiveness of the appeal made against the decision to detain, remove or deport a person; and reduce the time and improve the conditions of non-voluntary segregation (solitary confinement).
The Committee will reconvene at 10 a.m. on Friday, 21 May, to issue its conclusions and recommendations on the third periodic report of Bulgaria and to conclude its thirty-second session which began on 3 May.
Conclusions and Recommendations on Third Periodic Report of Chile
Cited among positive developments were the introduction of the offence of torture in the national criminal system; the establishment of the Office of the Public Criminal Defender, and of the Office of the Public Prosecutor; the abolition of the provision of arrest on suspicion without due cause; the reduction in the period of detention in police custody to a maximum of 24 hours; the establishment of a National Commission on Political Imprisonment and Torture to identify persons who were deprived of freedom and tortured for political reasons during the military dictatorship; confirmation that non-governmental organizations were allowed regularly to visit places of deprivation of liberty; and notification by the representative of the State party that the process of ratification of the optional protocol to the Convention had been initiated.
Concerning factors and difficulties impeding the application of the Convention, the Committee said the constitutional arrangements made as part of the political agreement that facilitated the transition from the military dictatorship to democracy “jeopardize the full exercise of certain fundamental human rights”, according to the State party’s report. While being aware of the political dimensions of those arrangements and their shortcomings, and noting that several governments had previously submitted constitutional amendments to the Congress, the Committee stressed that internal political constraints could not serve as a justification for non-compliance by the State party with its obligations under the Convention.
The Committee expressed concern about the allegations of continued ill-treatment of persons, in some cases amounting to torture, by Carabineros, civil police forces and prison guards, and reports of failure to conduct thorough and independent investigations into such complaints; the fact that certain constitutional provisions jeopardizing the full exercise of fundamental human rights remained in force, including, in particular, the Amnesty Law, which prohibited prosecution of human rights violations committed from 11 September 1973 to 10 March 1987 and which entrenched impunity for those responsible for torture, disappearances and other serious human rights violations during the military dictatorship and the lack of reparation for the victims of torture; that the definition of torture did not comply fully with article 1 of the Convention; reports that some officials accused of torture-related crimes during the dictatorship had been appointed to high official positions; the absence of internal legal provisions that expressly prohibit extradition, return, or expulsion when there were grounds for believing the person faced a real risk of torture in the requesting country; the limited mandate of the National Commission on Political Imprisonment and Torture aimed at identifying victims of torture during the military regime and the conditions of their reparation; severe overcrowding and other inadequate conditions of detention in places of deprivation of liberty; that few cases of “disappearances” had been clarified by the military, despite governmental efforts to establish a “dialogue table”; and the insufficient information on the situation in the military falling within the areas of concern of the Convention.
The Committee recommended, among other things, that the State party should adopt a definition of torture in conformity with article 1 of the Convention, and ensure that it covered all forms of torture; reform the Constitution to ensure the full protection of human rights including the right to be free from torture and cruel, inhuman or degrading treatment or punishment and abolish the Amnesty Law; transfer responsibility for the Carabineros and the Investigaciones Police from the Ministry of Defence to the Ministry of the Interior and ensure that the jurisdiction of military courts was limited to crimes of a military nature; eliminate the principle of due obedience, which might permit a plea of superior orders, from the Code of Military Justice; adopt all the necessary measures to ensure impartial, full and prompt investigations into all allegations of torture, the prosecution and punishment of the perpetrators, and adequate compensation for the victims; consider eliminating or extending the current ten year statute of limitations for the crime of torture, taking into account its seriousness; and adopt specific legislation to prohibit extradition, return or expulsion to countries where a person would face a real personal risk of torture.
Further, the Committee recommended that the State party develop training programmes about the specific requirements of the Convention for judges and prosecutors, as well as other law enforcement officials; improve conditions in places of deprivation of liberty to meet international standards and take urgent measures to address the overcrowding in prisons and other places of detention; extend the term and mandate of the National Commission on Political Imprisonment and Torture to enable victims of all forms of torture to file complaints; eliminate the practice of extracting confessions for prosecution of purposes from women seeking emergency medical care as a result of prohibited abortion; ensure that the application of the new Code of Criminal Procedures was promptly extended to the Metropolitan Region so that it could be fully operational in the whole country; introduce safeguards by the time the reform of the criminal justice system was completed to protect persons experiencing possible re-traumatization in connection with prosecution of cases such as child abuse and sexual abuse; and provide updated information on the status of prosecution of past crimes involving torture, including the cases known as the “Caravan of Death”, “Operation Condor” and “Colonia Dignidad”.
Conclusions and Recommendations on Third Periodic Report of New Zealand
Among positive developments in the report, the Committee noted with appreciation the adoption of the 1999 Extradition Act, responding to the Committee’s previous recommendations; the cooperation undertaken with the United Nations High Commissioner for Refugees, and the willingness to comply with their guidelines and recommendations; the fact that the Mangere Accommodation Centre could be considered more of an open centre than a detention centre; the Police Detention Legal Assistance Scheme, providing for persons in police custody to obtain initial free legal advice; measures taken to improve the effectiveness and strengthen the independence of the Police Complaints Authority; the efforts undertaken to promote a positive relationship between the Police and Maori; the efforts undertaken to establish new Child, Youth and Family Residential Facilities; and the ongoing elaboration of a national plan of action on human rights by the Human Rights Commission.
The Committee expressed concern, among other things, about the fact that the immigration legislation did not incorporate the non-refoulement obligation provided for in article 3 of the Convention; the significant decrease of the proportion of asylum seekers who were immediately released unrestricted into the community upon arrival, and the detention of several asylum seekers in remand prisons, with no segregation from other detainees; the process of issuing risk certificates under the Immigration Act, which might potentially lead to a breach of article 3 of the Convention in that it enabled the authorities to remove or deport a person deemed to constitute a thereat to national security; cases of over-prolonged non-voluntary segregation (solitary confinement); the low age of criminal responsibility, and the fact that juveniles were sometimes not separated from adult detainees; and the findings of the Ombudsman regarding investigations of alleged staff assaults on inmates, in particular regarding the reluctance to confront such allegations promptly, and the quality, impartiality, and credibility of investigations.
The Committee recommended, among other things, that the State party incorporate in the immigration legislation the non-refoulement obligation contained in article 3; ensure at all times that the fight against terrorism would not lead to a breach of the Convention and undue hardship imposed on asylum seekers; take immediate steps to review the legislation relating to the security risk certificate, in order to ensure the effectiveness of the appeal made against the decision to detain, remove or deport a person; reduce the time and improve the conditions of non-voluntary segregation; report on the results of the development strategy aimed at ensuring that minors were not subjected to unreasonable searches; carry out an inquiry into the events that led to the decision of the High Court in the Taunoa and other cases; and inform the Committee about the results of the action taken in response to the concern expressed by the Ombudsman regarding investigations of staff assaults on inmates.
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19 May 2004
The Committee against Torture this afternoon issued its conclusions and recommendations on the third periodic reports of Chile and New Zealand which dealt with national efforts to implement the provisions of the Convention against Torture.
The Chilean report was discussed in Committee meetings on 10 and 11 May; and the New Zealand report was reviewed in meetings on 11 and 12 May.
Among positive aspects in the Chilean report, the Committee noted Chile’s introduction of the offence of torture in the national criminal system; the abolition of the provision of arrest on suspicion without due cause; and the reduction in the period of detention in police custody to a maximum of 24 hours.
The Committee expressed concern, among other things, about the allegations of continued ill-treatment of persons, in some cases amounting to torture, by Carabineros, civil police forces and prison guards, and reports of failure to conduct thorough and independent investigations into such complaints; and reports that some officials accused of torture-related crimes during the dictatorship had been appointed to high official positions.
Among the Committee’s recommendations were that Chilean authorities reform the Constitution to ensure the full protection of human rights including the right to be free from torture and cruel, inhuman or degrading treatment or punishment and abolish the Amnesty Law; and adopt all the necessary measures to ensure impartial, full and prompt investigations into all allegations of torture, the prosecution and punishment of the perpetrators, and adequate compensation for the victims.
The Committee cited among positive developments in New Zealand that measures were taken to improve the effectiveness and strengthen the independence of the Police Complaints Authority; efforts were undertaken to promote a positive relationship between the Police and Maori; and steps were taken to elaborate a national plan of action on human rights by the Human Rights Commission.
The Committee noted concern, among other things, about the fact that the immigration legislation did not incorporate the non-refoulement obligation provided for in article 3 of the Convention; and the significant decrease of the proportion of asylum seekers who were immediately released unrestricted into the community upon arrival, and the detention of several asylum seekers in remand prisons, with no segregation from other detainees.
The Committee recommended, among other things, that New Zealand
ensure at all times that the fight against terrorism would not lead to a breach of the Convention and undue hardship imposed on asylum seekers; take immediate steps to review the legislation relating to the security risk certificate, in order to ensure the effectiveness of the appeal made against the decision to detain, remove or deport a person; and reduce the time and improve the conditions of non-voluntary segregation (solitary confinement).
The Committee will reconvene at 10 a.m. on Friday, 21 May, to issue its conclusions and recommendations on the third periodic report of Bulgaria and to conclude its thirty-second session which began on 3 May.
Conclusions and Recommendations on Third Periodic Report of Chile
Cited among positive developments were the introduction of the offence of torture in the national criminal system; the establishment of the Office of the Public Criminal Defender, and of the Office of the Public Prosecutor; the abolition of the provision of arrest on suspicion without due cause; the reduction in the period of detention in police custody to a maximum of 24 hours; the establishment of a National Commission on Political Imprisonment and Torture to identify persons who were deprived of freedom and tortured for political reasons during the military dictatorship; confirmation that non-governmental organizations were allowed regularly to visit places of deprivation of liberty; and notification by the representative of the State party that the process of ratification of the optional protocol to the Convention had been initiated.
Concerning factors and difficulties impeding the application of the Convention, the Committee said the constitutional arrangements made as part of the political agreement that facilitated the transition from the military dictatorship to democracy “jeopardize the full exercise of certain fundamental human rights”, according to the State party’s report. While being aware of the political dimensions of those arrangements and their shortcomings, and noting that several governments had previously submitted constitutional amendments to the Congress, the Committee stressed that internal political constraints could not serve as a justification for non-compliance by the State party with its obligations under the Convention.
The Committee expressed concern about the allegations of continued ill-treatment of persons, in some cases amounting to torture, by Carabineros, civil police forces and prison guards, and reports of failure to conduct thorough and independent investigations into such complaints; the fact that certain constitutional provisions jeopardizing the full exercise of fundamental human rights remained in force, including, in particular, the Amnesty Law, which prohibited prosecution of human rights violations committed from 11 September 1973 to 10 March 1987 and which entrenched impunity for those responsible for torture, disappearances and other serious human rights violations during the military dictatorship and the lack of reparation for the victims of torture; that the definition of torture did not comply fully with article 1 of the Convention; reports that some officials accused of torture-related crimes during the dictatorship had been appointed to high official positions; the absence of internal legal provisions that expressly prohibit extradition, return, or expulsion when there were grounds for believing the person faced a real risk of torture in the requesting country; the limited mandate of the National Commission on Political Imprisonment and Torture aimed at identifying victims of torture during the military regime and the conditions of their reparation; severe overcrowding and other inadequate conditions of detention in places of deprivation of liberty; that few cases of “disappearances” had been clarified by the military, despite governmental efforts to establish a “dialogue table”; and the insufficient information on the situation in the military falling within the areas of concern of the Convention.
The Committee recommended, among other things, that the State party should adopt a definition of torture in conformity with article 1 of the Convention, and ensure that it covered all forms of torture; reform the Constitution to ensure the full protection of human rights including the right to be free from torture and cruel, inhuman or degrading treatment or punishment and abolish the Amnesty Law; transfer responsibility for the Carabineros and the Investigaciones Police from the Ministry of Defence to the Ministry of the Interior and ensure that the jurisdiction of military courts was limited to crimes of a military nature; eliminate the principle of due obedience, which might permit a plea of superior orders, from the Code of Military Justice; adopt all the necessary measures to ensure impartial, full and prompt investigations into all allegations of torture, the prosecution and punishment of the perpetrators, and adequate compensation for the victims; consider eliminating or extending the current ten year statute of limitations for the crime of torture, taking into account its seriousness; and adopt specific legislation to prohibit extradition, return or expulsion to countries where a person would face a real personal risk of torture.
Further, the Committee recommended that the State party develop training programmes about the specific requirements of the Convention for judges and prosecutors, as well as other law enforcement officials; improve conditions in places of deprivation of liberty to meet international standards and take urgent measures to address the overcrowding in prisons and other places of detention; extend the term and mandate of the National Commission on Political Imprisonment and Torture to enable victims of all forms of torture to file complaints; eliminate the practice of extracting confessions for prosecution of purposes from women seeking emergency medical care as a result of prohibited abortion; ensure that the application of the new Code of Criminal Procedures was promptly extended to the Metropolitan Region so that it could be fully operational in the whole country; introduce safeguards by the time the reform of the criminal justice system was completed to protect persons experiencing possible re-traumatization in connection with prosecution of cases such as child abuse and sexual abuse; and provide updated information on the status of prosecution of past crimes involving torture, including the cases known as the “Caravan of Death”, “Operation Condor” and “Colonia Dignidad”.
Conclusions and Recommendations on Third Periodic Report of New Zealand
Among positive developments in the report, the Committee noted with appreciation the adoption of the 1999 Extradition Act, responding to the Committee’s previous recommendations; the cooperation undertaken with the United Nations High Commissioner for Refugees, and the willingness to comply with their guidelines and recommendations; the fact that the Mangere Accommodation Centre could be considered more of an open centre than a detention centre; the Police Detention Legal Assistance Scheme, providing for persons in police custody to obtain initial free legal advice; measures taken to improve the effectiveness and strengthen the independence of the Police Complaints Authority; the efforts undertaken to promote a positive relationship between the Police and Maori; the efforts undertaken to establish new Child, Youth and Family Residential Facilities; and the ongoing elaboration of a national plan of action on human rights by the Human Rights Commission.
The Committee expressed concern, among other things, about the fact that the immigration legislation did not incorporate the non-refoulement obligation provided for in article 3 of the Convention; the significant decrease of the proportion of asylum seekers who were immediately released unrestricted into the community upon arrival, and the detention of several asylum seekers in remand prisons, with no segregation from other detainees; the process of issuing risk certificates under the Immigration Act, which might potentially lead to a breach of article 3 of the Convention in that it enabled the authorities to remove or deport a person deemed to constitute a thereat to national security; cases of over-prolonged non-voluntary segregation (solitary confinement); the low age of criminal responsibility, and the fact that juveniles were sometimes not separated from adult detainees; and the findings of the Ombudsman regarding investigations of alleged staff assaults on inmates, in particular regarding the reluctance to confront such allegations promptly, and the quality, impartiality, and credibility of investigations.
The Committee recommended, among other things, that the State party incorporate in the immigration legislation the non-refoulement obligation contained in article 3; ensure at all times that the fight against terrorism would not lead to a breach of the Convention and undue hardship imposed on asylum seekers; take immediate steps to review the legislation relating to the security risk certificate, in order to ensure the effectiveness of the appeal made against the decision to detain, remove or deport a person; reduce the time and improve the conditions of non-voluntary segregation; report on the results of the development strategy aimed at ensuring that minors were not subjected to unreasonable searches; carry out an inquiry into the events that led to the decision of the High Court in the Taunoa and other cases; and inform the Committee about the results of the action taken in response to the concern expressed by the Ombudsman regarding investigations of staff assaults on inmates.
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