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15 May 2000
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CAT
24th Session
15 May 2000
Afternoon
Hears Response of Slovenia on Questions Raised On Friday Morning
The Committee against Torture this afternoon recommended that the United States abolish electro-shock stun belts and restraint chairs as methods of restraining those in custody. It also expressed concern about the excessively harsh regime of the "supermaximum" prisons.
The remarks came as the Committee delivered its conclusions and recommendations on an initial report of the United States. The Committee also expressed concern about the number of cases of police ill-treatment of civilians and ill-treatment in prisons, and said that much of this ill-treatment by police and prison guards seemed to be based upon discrimination.
Also this afternoon, the Committee heard the response of Slovenia to questions which were posed during consideration of that country's initial report. The representative of Slovenia said that the living conditions of the Roma people were lower than average because of their inability to adapt to the society and because of their different social values.
The United States and Slovenia are among the 119 States parties to the Convention against Torture and Other Cruel or Degrading Treatment or Punishment, and as such they must submit periodic reports to the Committee on their compliance with the terms of the treaty.
The delegation of Slovenia will return to the Committee at 5.30 p.m. on Wednesday, 17 May, to hear the conclusions and recommendations on its report.
When the Committee reconvenes at 3 p.m. on Tuesday, 16 May, it will deliver its conclusions and recommendations on the third periodic report of the Netherlands.
Conclusions and Recommendations on Report of the United States
In its conclusions and recommendations, the Committee welcomed the submission of the comprehensive initial report of the United States of America, which, although almost five years overdue, was prepared in full accordance with the guidelines of the Committee; and it thanked the State party for its sincere cooperation in its dialogue with the Committee and took note of the information supplied in the extensive oral report.
Among positive aspects of the report, the Committee particularly welcomed the extensive legal protection against torture and other cruel, inhuman or degrading treatment or punishment that existed in the State party and the efforts pursued by the authorities to achieve transparency of its institutions and practices; the broad legal recourse to compensation for victims of torture, whether or not such torture occurred in the United States of America; the introduction of executive regulations preventing refoulement of potential torture victims; the State party's contributions to the United Nations Voluntary Fund for the Victims of Torture; the creation by executive order of an inter-agency working group to ensure coordination of federal efforts towards compliance with the obligations of the international human rights treaties to which the United States of America was a party; and the assurances given by the delegation that universal criminal jurisdiction was assumed by the State party whenever an alleged torturer was found within its territory.
The Committee expressed its concern about the failure of the United States to enact a federal crime of torture in terms consistent with article 1 of the Convention; the reservation lodged to article 16 in violation of the Convention, the effect of which was to limit the application of the Convention; the number of cases of police ill-treatment of civilians, and ill-treatment in prisons (including instances of inter-prisoner violence) -- much of that ill-treatment by police and prison guards seemed to be based upon discrimination; alleged cases of sexual assault upon female detainees and prisoners by law enforcement officers and prison personnel -- female detainees and prisoners were also very often held in humiliating and degrading circumstances; the use of electro-shock devices and restraint chairs as methods of constraint that might violate the provisions of article 16 of the Convention; the excessively harsh regime of the "supermaximum" prisons; the use of "chain gangs", particularly in public; the legal action by prisoners seeking redress, which had been significantly restricted by the requirement of physical injury as a condition to bringing a successful action under the Prison Litigation Reform Act; and the holding of minors (juveniles) with adults in the regular prison population.
The Committee recommended that the State party, although it had taken many measures to ensure compliance with the provisions of the Convention, should also enact a federal crime of torture in terms consistent with article 1 of the Convention and should withdraw its reservations, interpretations and understandings relating to the Convention; take such steps as were necessary to ensure that those who violated the Convention were investigated, prosecuted and punished, especially those who were motivated by discriminatory purposes or sexual gratification; abolish electro-shock stun belts and restraint chairs as methods of restraining those in custody, as their use almost invariably led to breaches of article 16 of the Convention; consider declaring in favour of article 22 of the Convention; ensure that minors (juveniles) were not held in prison with the regular prison population; and submit the second periodic report by 19 November 2001.
Upon hearing the Committee's conclusions and recommendations, the United States representative thanked the members of the Committee for the efforts they made to thoroughly consider the initial report of the United States. He said the United States authorities would give close and careful consideration to the conclusions and recommendations of the Committee and would respect the date fixed by it for the submission of the second periodic report.
Response of Slovenia
In response to questions raised by the Committee's experts, the members of the Slovenian delegation said that the office of the country's Ombudsman was an independent office which dealt with complaints lodged by citizens against the authorities who violated their rights. The Ombudsman had the right to intervene on behalf of the complainant, however, the Ombudsman could not intervene in courts proceedings except in cases of evidence-abuse by courts. The Ombudsman presented his annual report to the country's parliament and could address appropriate complaints to be treated by Government officials. A desk at the Prime Minister's office, the VOX, had been established to receive direct complaints, however, at present the importance of the desk had declined with more complaints being lodged at the Office of the Ombudsman.
With regard to the definition of torture in domestic legislation, Slovenia had incorporated in its recently enacted law a definition of torture as a criminal act punishable by law. In the new provision, torture, whether mental or physical, was considered to be a criminal act.
The delegation said the existence of excessive use of police power had been reported and was even increasing. However, with the process of education and awareness-increasing programmes, cases of abuse of power had decreased at present. An obligation that police officers should speak other languages such as Hungarian, Croatian or Italian had been imposed to improve better dealing with the various sectors of the population. The improper use of handcuffs had been reduced through monitoring and supervision, and it had now become an exception rather than the rule. In 1999, cases of the use of handcuffs in prisons had been reported with disciplinary measures taken against those who had applied them.
Concerning sexual violence in prisons, the delegation said that there was no such sexual violence against female inmates by prison guards. Nevertheless, there had been some reports of homosexual relations based on mutual consent with the involvement of prison personnel. The absence of sexual violence in prisons was because of the humane treatment of prisoners.
The delegation said that video-surveillance had been used in the process of interrogation of suspects and detainees. Many police stations had been equipped with such surveillance instruments for use during the interrogation of suspects. Slovenia had learned from the experience of others, such as the United Kingdom, about handling video-monitored interrogation. In the future, video-surveillance would be mandatory by law.
As regards asylum-seekers, the delegation said that only last year, about 4,000 asylum-seekers had been registered in the country, and this year the number had dramatically increased because of the conflict in the region. Their living conditions were not comfortable given their numbers and the resources made available to them. The Office of the United Nations High Commissioner for Refugees had been of help. In addition, illegal entry into the country had been on the increase, and the small number of the territorial police was not able to monitor the frontiers. Last year, the Government had, however, increased the number of police officers dealing with the surveillance of the boarder. Slovenia was also used as a transit to other countries, with persons coming from as far as Iraq.
The Roma people were among the vulnerable groups in Slovenia and they had special status in the different regions they lived in, the delegation said. Since the Roma lived in three different regions of the country, they had no uniform living standards and social behavior. Their life-style was different from the rest of the population with differing characteristics of individualism and lack of social discipline, which led to their poor adaption of normal life style. Although the Government had taken measures to ameliorate the living conditions of the Roma people, their financial poverty had persisted.
The delegation said that the right to health care was available to all citizens without any difference, however, the Roma people did not enjoy their right in that regard. Since they were not making use of the preventive aspect of health care because of lack of awareness, their health condition was below average. Roma children were also confronted with difficulties to integrate themselves in the educational system due to their language and different social values.
24th Session
15 May 2000
Afternoon
Hears Response of Slovenia on Questions Raised On Friday Morning
The Committee against Torture this afternoon recommended that the United States abolish electro-shock stun belts and restraint chairs as methods of restraining those in custody. It also expressed concern about the excessively harsh regime of the "supermaximum" prisons.
The remarks came as the Committee delivered its conclusions and recommendations on an initial report of the United States. The Committee also expressed concern about the number of cases of police ill-treatment of civilians and ill-treatment in prisons, and said that much of this ill-treatment by police and prison guards seemed to be based upon discrimination.
Also this afternoon, the Committee heard the response of Slovenia to questions which were posed during consideration of that country's initial report. The representative of Slovenia said that the living conditions of the Roma people were lower than average because of their inability to adapt to the society and because of their different social values.
The United States and Slovenia are among the 119 States parties to the Convention against Torture and Other Cruel or Degrading Treatment or Punishment, and as such they must submit periodic reports to the Committee on their compliance with the terms of the treaty.
The delegation of Slovenia will return to the Committee at 5.30 p.m. on Wednesday, 17 May, to hear the conclusions and recommendations on its report.
When the Committee reconvenes at 3 p.m. on Tuesday, 16 May, it will deliver its conclusions and recommendations on the third periodic report of the Netherlands.
Conclusions and Recommendations on Report of the United States
In its conclusions and recommendations, the Committee welcomed the submission of the comprehensive initial report of the United States of America, which, although almost five years overdue, was prepared in full accordance with the guidelines of the Committee; and it thanked the State party for its sincere cooperation in its dialogue with the Committee and took note of the information supplied in the extensive oral report.
Among positive aspects of the report, the Committee particularly welcomed the extensive legal protection against torture and other cruel, inhuman or degrading treatment or punishment that existed in the State party and the efforts pursued by the authorities to achieve transparency of its institutions and practices; the broad legal recourse to compensation for victims of torture, whether or not such torture occurred in the United States of America; the introduction of executive regulations preventing refoulement of potential torture victims; the State party's contributions to the United Nations Voluntary Fund for the Victims of Torture; the creation by executive order of an inter-agency working group to ensure coordination of federal efforts towards compliance with the obligations of the international human rights treaties to which the United States of America was a party; and the assurances given by the delegation that universal criminal jurisdiction was assumed by the State party whenever an alleged torturer was found within its territory.
The Committee expressed its concern about the failure of the United States to enact a federal crime of torture in terms consistent with article 1 of the Convention; the reservation lodged to article 16 in violation of the Convention, the effect of which was to limit the application of the Convention; the number of cases of police ill-treatment of civilians, and ill-treatment in prisons (including instances of inter-prisoner violence) -- much of that ill-treatment by police and prison guards seemed to be based upon discrimination; alleged cases of sexual assault upon female detainees and prisoners by law enforcement officers and prison personnel -- female detainees and prisoners were also very often held in humiliating and degrading circumstances; the use of electro-shock devices and restraint chairs as methods of constraint that might violate the provisions of article 16 of the Convention; the excessively harsh regime of the "supermaximum" prisons; the use of "chain gangs", particularly in public; the legal action by prisoners seeking redress, which had been significantly restricted by the requirement of physical injury as a condition to bringing a successful action under the Prison Litigation Reform Act; and the holding of minors (juveniles) with adults in the regular prison population.
The Committee recommended that the State party, although it had taken many measures to ensure compliance with the provisions of the Convention, should also enact a federal crime of torture in terms consistent with article 1 of the Convention and should withdraw its reservations, interpretations and understandings relating to the Convention; take such steps as were necessary to ensure that those who violated the Convention were investigated, prosecuted and punished, especially those who were motivated by discriminatory purposes or sexual gratification; abolish electro-shock stun belts and restraint chairs as methods of restraining those in custody, as their use almost invariably led to breaches of article 16 of the Convention; consider declaring in favour of article 22 of the Convention; ensure that minors (juveniles) were not held in prison with the regular prison population; and submit the second periodic report by 19 November 2001.
Upon hearing the Committee's conclusions and recommendations, the United States representative thanked the members of the Committee for the efforts they made to thoroughly consider the initial report of the United States. He said the United States authorities would give close and careful consideration to the conclusions and recommendations of the Committee and would respect the date fixed by it for the submission of the second periodic report.
Response of Slovenia
In response to questions raised by the Committee's experts, the members of the Slovenian delegation said that the office of the country's Ombudsman was an independent office which dealt with complaints lodged by citizens against the authorities who violated their rights. The Ombudsman had the right to intervene on behalf of the complainant, however, the Ombudsman could not intervene in courts proceedings except in cases of evidence-abuse by courts. The Ombudsman presented his annual report to the country's parliament and could address appropriate complaints to be treated by Government officials. A desk at the Prime Minister's office, the VOX, had been established to receive direct complaints, however, at present the importance of the desk had declined with more complaints being lodged at the Office of the Ombudsman.
With regard to the definition of torture in domestic legislation, Slovenia had incorporated in its recently enacted law a definition of torture as a criminal act punishable by law. In the new provision, torture, whether mental or physical, was considered to be a criminal act.
The delegation said the existence of excessive use of police power had been reported and was even increasing. However, with the process of education and awareness-increasing programmes, cases of abuse of power had decreased at present. An obligation that police officers should speak other languages such as Hungarian, Croatian or Italian had been imposed to improve better dealing with the various sectors of the population. The improper use of handcuffs had been reduced through monitoring and supervision, and it had now become an exception rather than the rule. In 1999, cases of the use of handcuffs in prisons had been reported with disciplinary measures taken against those who had applied them.
Concerning sexual violence in prisons, the delegation said that there was no such sexual violence against female inmates by prison guards. Nevertheless, there had been some reports of homosexual relations based on mutual consent with the involvement of prison personnel. The absence of sexual violence in prisons was because of the humane treatment of prisoners.
The delegation said that video-surveillance had been used in the process of interrogation of suspects and detainees. Many police stations had been equipped with such surveillance instruments for use during the interrogation of suspects. Slovenia had learned from the experience of others, such as the United Kingdom, about handling video-monitored interrogation. In the future, video-surveillance would be mandatory by law.
As regards asylum-seekers, the delegation said that only last year, about 4,000 asylum-seekers had been registered in the country, and this year the number had dramatically increased because of the conflict in the region. Their living conditions were not comfortable given their numbers and the resources made available to them. The Office of the United Nations High Commissioner for Refugees had been of help. In addition, illegal entry into the country had been on the increase, and the small number of the territorial police was not able to monitor the frontiers. Last year, the Government had, however, increased the number of police officers dealing with the surveillance of the boarder. Slovenia was also used as a transit to other countries, with persons coming from as far as Iraq.
The Roma people were among the vulnerable groups in Slovenia and they had special status in the different regions they lived in, the delegation said. Since the Roma lived in three different regions of the country, they had no uniform living standards and social behavior. Their life-style was different from the rest of the population with differing characteristics of individualism and lack of social discipline, which led to their poor adaption of normal life style. Although the Government had taken measures to ameliorate the living conditions of the Roma people, their financial poverty had persisted.
The delegation said that the right to health care was available to all citizens without any difference, however, the Roma people did not enjoy their right in that regard. Since they were not making use of the preventive aspect of health care because of lack of awareness, their health condition was below average. Roma children were also confronted with difficulties to integrate themselves in the educational system due to their language and different social values.