Committee against Torture issues conclusions on reports of Costa Rica, Brazil, Kazakhstan

CAT
26th session
17 May 2001
Afternoon






Expresses Concern About Ill-Treatment By Police,
Prison Overcrowding in the Three States Parties


The Committee against Torture this afternoon issued its concluding observations and recommendations on the initial reports of Costa Rica, Brazil and Kazakhstan by expressing concern about ill-treatment by police officials and problems of prison overcrowding in all three countries.

Concerning the report of Costa Rica, the Committee found as positive aspects the State party's accession to and ratification of most of the international human rights instruments, and the inclusion in domestic law of provisions which permitted the extraterritorial enforcement of criminal law in order to prosecute and punish persons responsible for torture.

The Committee, however, expressed concern about cases of abuse of authority by police officers and prison personnel; and the inadequate prison infrastructure which had resulted in overpopulation and serious problems of overcrowding in a number of prisons. The Committee recommended that the offence of torture should be included in the criminal code of Costa Rica in terms consistent with article 1 of the Convention, with penalty commensurate with its seriousness.

With regard to the report of Brazil, the Committee noted with satisfaction the political will expressed by the State party to combat the practice of torture, and the frankness and transparency with which the Government recognized the existence, seriousness and extent of the practice of torture in Brazil.

The Committee expressed concern about the persistence of a culture of accepting abuses by public officials, the numerous allegations of acts of torture and cruel, inhuman or degrading treatment in police stations, prisons and facilities belonging to the armed forces, and the de facto impunity enjoyed by the perpetrators of those acts. It recommended, among other things, that the
State party should ensure that immediate and impartial inquiries were carried out, under the effective control of the Public Prosecutor's Office, in all cases of complaints of torture or cruel and ill-treatment by members of the police force.

And concerning the report of Kazakhstan, the Committee appreciated the assurances that the Government would create an independent ombudsman, and welcomed the progress made in conjunction with the World Health Organization in lowering the incidence of tuberculosis in places of detention. The Committee, however, expressed concern about allegations of acts of torture and other cruel, inhuman and degrading punishment or treatment committed by law enforcement officials of the State party.

The Committee recommended, among other things, that the State party take urgent and effective steps to establish a fully independent complaints mechanism, and ensure absolute respect for the principles of the inadmissibility of evidence obtained by torture.

Also this afternoon, the Committee started to adopt its annual report.

When the Committee reconvenes at 10 a.m., it is expected to conclude its three-week session after dealing with its remaining work.


Conclusions and Recommendations on Report of Costa Rica

In its concluding observations and recommendations on the initial report of Costa Rica, the Committee, among other things, found as positive aspects the State party's accession to and ratification of most of the international human rights declarations, covenants and conventions, in both the global and inter-American systems, and recognition of the self-executing effect of their provisions; the inclusion in domestic law of provisions which permitted the extraterritorial enforcement of criminal law in order to prosecute and punish persons responsible for torture; and the adequate constitutional and legal regulation of the remedies of habeas corpus and amparo, and the broad interpretation of those provisions by the national courts.

The Committee also welcomed the autonomy and powers of the Ombudsman's Office; the existence of numerous bodies and institutions available to the person concerned for lodging complaints about torture or cruel, inhuman or degrading treatment; the system of monitoring of police activities; the requirement of a written arrest warrant issued by a competent authority; and the time limit of 6 hours set for the police to bring the detainee before a member of the Public Prosecutor's Office and 24 hours to place him at the disposal of a judge.

The Committee expressed concern, among other things, about cases of abuse of authority by police officers and prison personnel; the inadequate prison infrastructure which had resulted in overpopulation and serious problems of overcrowding in a number of prisons; the absence of State programmes for the rehabilitation of victims of torture; the maximum-security detention regime, comprising 23 hours of confinement and just one hour outside the cell, which appeared excessive; and the absence of statistical data in the report on cases of abuse of authority, the results of the investigations of such cases and the consequences for the victims in terms of redress and compensation.


The Committee recommended that the offence of torture should be included in the criminal code in terms consistent with article 1 of the Convention, with penalty commensurate with its seriousness; training activities should be stepped up, with the specific inclusion of full information on the prohibition of torture in the training of police officers and prison personnel; the State party should submit its periodic report on regular basis; and the efficiency of the process of recognizing refugee status should be improved in order to reduce the long period of uncertainty for asylum-seekers and refugees.


Conclusions and Recommendations on Report of Brazil

In its concluding observations and recommendations on the initial report of Brazil, the Committee, among other things, noted with satisfaction the political will expressed by the State party to combat the practice of torture; the frankness and transparency with which the Government recognized the existence, seriousness and extent of the practice of torture in Brazil; the State party's efforts concerning the implementation of an education programme and the national human rights promotion campaign; the promulgation of the law on torture; the establishment of various bodies intended to enhance respect for human rights; the legislation relating to refugees and the establishment of a procedure aimed at ensuring that an asylum-seeker was not returned to a State where there were substantial grounds for believing that he or she would be in danger of being subjected to torture; and the external monitoring of the police by the Public Prosecutor's Office.

The Committee expressed concern about the persistence of a culture of accepting abuses by public officials, the numerous allegations of acts of torture and cruel, inhuman or degrading treatment in police stations, prisons and facilities belonging to the armed forces, and the de facto impunity enjoyed by the perpetrators of those acts; the overcrowding, lack of amenities and poor hygiene in prisons, the lack of basic services and of appropriate attention in particular, violence between prisoners and sexual abuse; allegations of ill-treatment and discriminatory treatment, with regard to access to the already essential services of certain groups, notably on the basis of social origin or sexual orientation; the long periods of pre-trial detention and delays in judicial procedure; the lack of training of law enforcement officials in general, at all levels; the competence of the police to conduct inquiries following reports of crimes of torture committed by members of the forces; the absence of an institutionalized and accessible procedure to guarantee the victims of acts of torture the right to obtain redress and to be fairly and adequately compensated; and the absence, in Brazilian legislation, of an explicit prohibition of the use, as evidence in judicial proceedings, of any confession or statement obtained through torture.

Among its recommendations, the Committee said that the State party should take all necessary measures to ensure that immediate and impartial inquiries were carried out, under the effective control of the Public Prosecutor's Office, in all cases of complaints of torture or cruel, inhuman or degrading treatment, including acts committed by members of the police forces; all necessary measures should be adopted in order to guarantee to any person deprived of his liberty the right of defence; urgent measures should be taken to improve conditions of detention in police stations and prisons, and redouble efforts to remedy prison overcrowding; human rights education and promotion activities in general should be reinforced; measures should be taken to regulate and institutionalize the right of victims of torture to fair and adequate compensation payable by the State; and the State should explicitly prohibit the use as evidence in judicial proceedings, of any statement through torture.

Conclusions and Recommendations on Report of Kazakhstan

As part of positive aspects, the Committee appreciated the assurances that the Government would create an independent ombudsman; welcomed the progress made in conjunction with the World Health Organization in lowering the incidence of tuberculosis in places of detention; and the fact that the Government, recognizing the binding effect of the Convention on the Elimination of All Forms of Discrimination against Women, had reported to the treaty supervisory committee regarding its implementation of that Convention, among other things.

The Committee expressed concern about the absence of a definition of torture, as provided in article 1 of the Convention; the allegations of acts of torture and other cruel, inhuman and degrading punishment or treatment committed by law enforcement officials of the State party or with their acquiescence, including those affecting political opponents of the Government, and comprising beatings, and other actions in breach of the Convention; the insufficient level of independence and effectiveness of the procuracy; the pattern of failure of officials, including the procuracy, to provide in every instance prompt, impartial and full investigations into allegations of torture reported to the authorities; allegations that judges refused to take into account evidence of torture and ill-treatment provided by the accused with regard to his or her treatment by law enforcement officials.

Further, the Committee was concerned about the insufficient level of independence of the judiciary, with judges whose tenure lacked certain necessary safeguards; the insufficient level of guarantees for the independence of the defence counsel; the overcrowding and lack of access to adequate medical care in prisons and pre-trial detention centres; and the absence of information in the report regarding torture and ill-treatment affecting women and girls.

The Committee recommended, among other things, that the State party proceed promptly with its stated plans to amend its domestic penal law to include the crime of torture; take urgent and effective steps to establish a fully independent complaints mechanism; expand the powers of the Presidential human rights commission into an independent and impartial national human rights commission; ensure in practice absolute respect for the principles of the inadmissibility of evidence obtained by torture; proceed with the adoption of measures to permit defence counsel to gather evidence, and to be involved in cases from the outset; improve conditions in prisons and pre-trial detention centres and establish a system allowing for inspections of prisons and detention centres; complete the transfer of responsibilities for prisons from the Ministry of Internal Affairs to the Ministry of Justice; and review cases of convictions based on confessions that might have been obtained through torture or ill-treatment.



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