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12 May 2000
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CAT
24th Session
12 May 2000
Morning
The Committee against Torture this morning started its consideration of an initial report from the Government of Slovenia on the efforts made by that country to put into effect the Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment.
Introducing his country's initial report, Gregor Zore, Permanent Representative of Slovenia to the United Nations Office at Geneva, affirmed that his country was fully committed to the respect and promotion of human rights in general, and in particular regarding the prohibition of torture as one of the most flagrant and persistent human rights violations.
The Committee's rapporteur and co-rapporteur to the initial report of Slovenia, Alexander M. Yakovlev and Felice Gaer respectively, said the report contained ample information; they however expressed concerns about police brutality, treatment of minorities and asylum seekers.
The Slovenian delegation also included Damjan Korosec, of the Department of Law at the University of Ljubljana; Goran Klemencic, Councellor to the Government in the Ministry of the Interior; Bostjan Penko, Judge of the District Court in Ljubljana; Franc Miksa, Minister Plenipotentiary and Deputy Permanent Representative of the Republic of Slovenia; and Andraz Hocevar, Third Secretary at the Ministry of Foreign Affairs.
As one of the 119 States parties to the Convention against Torture, Slovenia must provide periodic reports to the Committee for its consideration.
Slovenia will reappear before the Committee at 3.30 p.m. on Monday, 25 May, to give its response to the questions raised this morning.
When the Committee reconvenes at 3 p.m., it will first deliver its conclusions and recommendations on the report of El Salvador and then it will hear the response of the Netherlands to questions raised earlier this week.
Report of Slovenia
The initial report of Slovenia (document CAT/C/24/Add.5) enumerates, in a 101-page document, the legislative dispositions of the State and a number of other measures taken by the Government to comply with the provisions of the Convention against Torture and Other Inhuman, Cruel and Degrading Treatment or Punishment. It says that the largest part of the Constitution is devoted to the guarantees of human rights and fundamental freedoms, which could be revoked or restricted in exceptional cases of war or a state of emergency. However, the principal rights and freedoms of citizens were not derogable at all times.
The report says that Slovenia is a parliamentary democratic republic, a State governed by the rule of law. It was a social state which proclaimed its independence on 25 June 1991. The judiciary was completely independent, and was separated from the executive and legislative powers.
Presentation of Report
GREGOR ZORE, Permanent Representative of Slovenia to the United Nations Office at Geneva, recalled that after gaining independence in June 1991, his country had been faced with a demanding endeavour to organize a functioning public administration. In addition, the country had began the process of transition to democratic rule as well as to a market economy.
Mr. Zore said that only the Ministry of Foreign Affairs had succeeded in developing a systematic approach for writing the reports mandated by major international human rights instruments, such as the Convention against Torture. The Government had decided to entrust the writing of the report to an independent expert institution -- the Institute of Criminology of the Faculty of Law of the University of Ljubljana, and to supplement the report with data from the relevant ministries and other government agencies.
Slovenia was fully committed to the respect and promotion of human rights in general, and in particular regrading the prohibition of torture and other ill-treatment which were among the most flagrant and persistent human rights violations, Mr. Zore continued to say. Slovenia was a State party to all United Nations human rights instruments and to numerous documents within the framework of the Council of Europe. Slovenia was also fully committed to the respect and promotion of human rights at the domestic level.
Although the Slovenian penal code did not provide for an explicit definition of torture in accordance with article 1 of the Convention, the new law on the enforcement of criminal sanctions included a definition of the acts of torture which closely resembled the definition contained in the Convention. The law would give convicted persons, who claimed to be victims of acts of torture while serving a prison sentence, the possibility of requesting judicial protection. In addition, the new police act substantively redefined the organization, administration, competence and the powers of the police.
Consideration of Slovenia's Report
ALEXANDER M. YAKOVLEV, the Committee expert who served as rapporteur to the report of Slovenia, said that the initial report contained detailed information explaining the Government's efforts. He said it seemed that torture was not as well defined as was required under article 1 of the Convention. Whatever the degree of the harm caused to health, it should be considered as torture. However, in some legislative provisions the definition of torture was reflected.
Mr. Yakovlev said it was useful that all kinds of crimes inflicting mental and physical harm be defined as torture. In addition, police conduct had been of concern and the situation of ethnic minorities and their accommodation was an issue of preoccupation.
FELICE GAER, the Committee expert who served as co-rapporteur to the report of Slovenia, said the description of the Human Rights Ombudsman was impressive. It was important to know how he was identified and how large was his mandate. The report indicated that the Roma constituted a significant part of those who violated the law. It was important to have a breakdown of the prison population in terms of ethnic groups and to know the modality of lodging complaints.
The report had indicated that there was a desk at the Prime Minister's office which monitored complaints; she wanted to know how it operated and how it monitored and screened the complaints. In the report it was also said that people were afraid to criticize the Government, and more information was asked why it happened to be so.
She said that the Helsinki Monitor, a non-governmental organization, had reported that Roma people had been maltreated, citing a case of a certain Danko Brajdic, a Roma who was beaten up by police and was admitted to hospital for severe injury. Also highlighted was the case of Sadik Kemalj, a former citizen of Slovenia, who left the country without a passport and came back with a Macedonian passport, who was also beaten up by police at the border.
Ms. Gaer asked if prisons were monitored for sexual violence, and how confidential was the lodging of complaints and how it was processed by the authorities; how many cases were so far treated or sanctioned? She stressed prison overcrowding as a concern to the Committee.
According to the delegation, the report was prepared by a non-governmental organization, and she wanted to know the extent in which the Government officials were involved in the preparation. If the whole thing was left to an outsider, it would be difficult for the State to know whether the content reflected its obligations under the Convention.
Another Committee expert said that as a result of the situation in the Balkans, the number of asylum-seekers in Slovenia had increased; however, it was reported that they were maltreated and they lived in overcrowded apartments. More than 400 people lived in a five-storey building which was designed to accommodate 250 persons. The building also served as a detention centre for those who were to be expelled from the country. The delegation was asked to provide information on the issue.
24th Session
12 May 2000
Morning
The Committee against Torture this morning started its consideration of an initial report from the Government of Slovenia on the efforts made by that country to put into effect the Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment.
Introducing his country's initial report, Gregor Zore, Permanent Representative of Slovenia to the United Nations Office at Geneva, affirmed that his country was fully committed to the respect and promotion of human rights in general, and in particular regarding the prohibition of torture as one of the most flagrant and persistent human rights violations.
The Committee's rapporteur and co-rapporteur to the initial report of Slovenia, Alexander M. Yakovlev and Felice Gaer respectively, said the report contained ample information; they however expressed concerns about police brutality, treatment of minorities and asylum seekers.
The Slovenian delegation also included Damjan Korosec, of the Department of Law at the University of Ljubljana; Goran Klemencic, Councellor to the Government in the Ministry of the Interior; Bostjan Penko, Judge of the District Court in Ljubljana; Franc Miksa, Minister Plenipotentiary and Deputy Permanent Representative of the Republic of Slovenia; and Andraz Hocevar, Third Secretary at the Ministry of Foreign Affairs.
As one of the 119 States parties to the Convention against Torture, Slovenia must provide periodic reports to the Committee for its consideration.
Slovenia will reappear before the Committee at 3.30 p.m. on Monday, 25 May, to give its response to the questions raised this morning.
When the Committee reconvenes at 3 p.m., it will first deliver its conclusions and recommendations on the report of El Salvador and then it will hear the response of the Netherlands to questions raised earlier this week.
Report of Slovenia
The initial report of Slovenia (document CAT/C/24/Add.5) enumerates, in a 101-page document, the legislative dispositions of the State and a number of other measures taken by the Government to comply with the provisions of the Convention against Torture and Other Inhuman, Cruel and Degrading Treatment or Punishment. It says that the largest part of the Constitution is devoted to the guarantees of human rights and fundamental freedoms, which could be revoked or restricted in exceptional cases of war or a state of emergency. However, the principal rights and freedoms of citizens were not derogable at all times.
The report says that Slovenia is a parliamentary democratic republic, a State governed by the rule of law. It was a social state which proclaimed its independence on 25 June 1991. The judiciary was completely independent, and was separated from the executive and legislative powers.
Presentation of Report
GREGOR ZORE, Permanent Representative of Slovenia to the United Nations Office at Geneva, recalled that after gaining independence in June 1991, his country had been faced with a demanding endeavour to organize a functioning public administration. In addition, the country had began the process of transition to democratic rule as well as to a market economy.
Mr. Zore said that only the Ministry of Foreign Affairs had succeeded in developing a systematic approach for writing the reports mandated by major international human rights instruments, such as the Convention against Torture. The Government had decided to entrust the writing of the report to an independent expert institution -- the Institute of Criminology of the Faculty of Law of the University of Ljubljana, and to supplement the report with data from the relevant ministries and other government agencies.
Slovenia was fully committed to the respect and promotion of human rights in general, and in particular regrading the prohibition of torture and other ill-treatment which were among the most flagrant and persistent human rights violations, Mr. Zore continued to say. Slovenia was a State party to all United Nations human rights instruments and to numerous documents within the framework of the Council of Europe. Slovenia was also fully committed to the respect and promotion of human rights at the domestic level.
Although the Slovenian penal code did not provide for an explicit definition of torture in accordance with article 1 of the Convention, the new law on the enforcement of criminal sanctions included a definition of the acts of torture which closely resembled the definition contained in the Convention. The law would give convicted persons, who claimed to be victims of acts of torture while serving a prison sentence, the possibility of requesting judicial protection. In addition, the new police act substantively redefined the organization, administration, competence and the powers of the police.
Consideration of Slovenia's Report
ALEXANDER M. YAKOVLEV, the Committee expert who served as rapporteur to the report of Slovenia, said that the initial report contained detailed information explaining the Government's efforts. He said it seemed that torture was not as well defined as was required under article 1 of the Convention. Whatever the degree of the harm caused to health, it should be considered as torture. However, in some legislative provisions the definition of torture was reflected.
Mr. Yakovlev said it was useful that all kinds of crimes inflicting mental and physical harm be defined as torture. In addition, police conduct had been of concern and the situation of ethnic minorities and their accommodation was an issue of preoccupation.
FELICE GAER, the Committee expert who served as co-rapporteur to the report of Slovenia, said the description of the Human Rights Ombudsman was impressive. It was important to know how he was identified and how large was his mandate. The report indicated that the Roma constituted a significant part of those who violated the law. It was important to have a breakdown of the prison population in terms of ethnic groups and to know the modality of lodging complaints.
The report had indicated that there was a desk at the Prime Minister's office which monitored complaints; she wanted to know how it operated and how it monitored and screened the complaints. In the report it was also said that people were afraid to criticize the Government, and more information was asked why it happened to be so.
She said that the Helsinki Monitor, a non-governmental organization, had reported that Roma people had been maltreated, citing a case of a certain Danko Brajdic, a Roma who was beaten up by police and was admitted to hospital for severe injury. Also highlighted was the case of Sadik Kemalj, a former citizen of Slovenia, who left the country without a passport and came back with a Macedonian passport, who was also beaten up by police at the border.
Ms. Gaer asked if prisons were monitored for sexual violence, and how confidential was the lodging of complaints and how it was processed by the authorities; how many cases were so far treated or sanctioned? She stressed prison overcrowding as a concern to the Committee.
According to the delegation, the report was prepared by a non-governmental organization, and she wanted to know the extent in which the Government officials were involved in the preparation. If the whole thing was left to an outsider, it would be difficult for the State to know whether the content reflected its obligations under the Convention.
Another Committee expert said that as a result of the situation in the Balkans, the number of asylum-seekers in Slovenia had increased; however, it was reported that they were maltreated and they lived in overcrowded apartments. More than 400 people lived in a five-storey building which was designed to accommodate 250 persons. The building also served as a detention centre for those who were to be expelled from the country. The delegation was asked to provide information on the issue.