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08 May 2000
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HR/CAT/00/10
24th Session
8 May 2000
Afternoon
Former Paraguayan Dictator Enjoys Political Asylum in Brazil, Delegation Says
The Committee against Torture this afternoon offered its conclusions on the third periodic report of Portugal by recommending that the country should continue to engage in vigorous measures to maintain the momentum of moving the police culture in Portugal to one that respected human rights.
The Committee said Portugal should particularly ensure that criminal investigation and prosecution of public officers were undertaken where appropriate as a matter of course where the evidence revealed the commission of torture, or cruel or inhuman or degrading treatment and punishment by them. It also expressed concern at continuing reports of a number of deaths and ill-treatment arising out of contact by members of the public with the police and the inter-prisoner violence in prisons.
The Committee also heard responses by the members of the delegation of Paraguay to the Committee's questions raised last Friday morning. The delegation said, among other things, that a number of torture perpetrators of the former dictatorship had been imprisoned except for the former President who had escaped justice by demanding political asylum in Brazil.
As two of the 119 States parties to the Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment, Portugal and Paraguay are obligated to submit periodic reports to the Committee on their efforts to implement the provisions of the treaty
Paraguay will return to the Committee to hear the conclusions and recommendations of the Committee on its report on Wednesday, 10 May, at 3 p.m.
When the Committee reconvenes at 10 a.m. on Tuesday, 9 May, it will take up the initial report of El Salvador.
Conclusions and Recommendations on Report of Portugal
In it conclusions and recommendations on the third periodic report of Portugal, the Committee noted as a positive aspect the on-going initiatives of the country to ensure that its laws and institutions conformed to the requirements of the Convention. It also noted the restructuring of the police agencies which was designed to emphasize the civil features of policing; the advice that an Inspectorate of Prison was about to be set up; the creation of a database to streamline information relating to cases of abuse of public power; and the enactment of regulations governing police use of firearms that reflected the United Nations Principles on the Use of Firearms by Law Enforcement Officials.
The Committee further noted, among other things, the enactment of regulations relating to conditions of detention in police lockups which set out the minimum standards to be observed; the initiation of a practice of prison visits on a monthly basis by magistrates to receive prisoner treatment complaints; the introduction this year of a new system of police training with a curriculum developed by a Board that had members from the civil society; and active measures that had been taken to reduce inter-prisoner violence in Portuguese prisons.
The continuing reports of a number of deaths and ill-treatment arising out of contact by members of the public with police, and the continuing reports of inter-prisoner violence in prisons had been the subject of the Committee's concern.
The Committee recommended that Portugal should continue to engage in vigorous measures, both disciplinary and educative, to maintain the momentum of moving the police culture in Portugal to one that respected human rights; it should particularly ensure that criminal investigation and prosecution of public officers were appropriately undertaken where the evidence revealed the commission of torture, or cruel or inhuman or degrading treatment and punishment by them; and it should continue to take such steps as were necessary to curtail inter-prisoner violence.
The Representative of Portugal thanked the members of the Committee and assured them that the Government of Portugal would take into consideration the recommendations and concerns expressed by the Committee.
Responses by Paraguay
In response to the of questions raised by the Committee experts last Friday morning on the report of Paraguay, the delegation said that the new penal code and criminal procedural code had changed the judicial system in the country by introducing new concepts of judicial handling and measures to speed up proceedings in courts. The new legal instruments also guaranteed citizens the means to bring their complaints through proper channels and to obtain justice. The charge of investigation had been brought under the Ministry of Public Affairs and the judges no more had the right to deal with instigation of suspects. That change were expected to guarantee a better penal system. In addition, court proceeding periods was fixed to a maximum of three years while preventive detention did not exceed two years.
With regard to the issue of public defence, the conditions had been set up in 1999 where a number of lawyers were enlisted under the general defence system to assist victims both in civil and penal proceedings. The Public Defence comprised deputies for civil and penal cases. Eight regional public defenders were also assigned to regions to coordinate the judicial system. In accordance with the new penal procedural code, the public defenders handled cases of torture when complaints were presented.
Concerning compensation to victims of torture during the dictatorship between 1954 and 1989, the law had some deficiencies like not covering all kinds of torture and excluding torture victims after 1989. However, victims of torture still had the possibility to apply for compensation by bringing their cases to courts. Article 39 of the Constitution provided the payment of compensation by the person responsible for committing the torture. The Commission of Human Rights of the Chamber of Deputies also dealt with requests for compensation.
The country's Congress, the parliament, had established in December 1999 a heading in the national budget to be used by the Ombudsman, the delegation continued to say. The appointment of the Ombudsman was also initiated by the same parliament with the retention of three candidates to be appointed to the post. Nevertheless, there had been a delay in the process because of political reasons. Since the appointment of the Ombudsman required the approval of a two-thirds majority, there had been no consensus on the appointment. Only the votes of one party were in favour while the rest of the political parties rejected any appointment. The term of the present parliament would end by 2003, and the first mandate of the Ombudsman would have also ended in that same year.
In order to ameliorate prison conditions in the country, in March 1999 the new Government had established a commission to reform the prison system with a concept of rehabilitation and not simple detention. The main problems of the prisons were the lack of activities because of adequate space to allow prisoners to participate in such activities. New prisons were now under construction in five places with adequate space to accommodate a limited number of prisionsers in each case. In addition, young offenders who had been incarcerated in the Panchito Lopez prison would be transferred to the new centre which integrated an educational system.
Regarding the training of judges, the delegation said that 80 per cent of magistrates were trained and had participated in seminars organized by the country's Supreme Court and the inter-American Institute of Human Rights. Some international non-governmental organizations had also been involved in training judges and other law-enforcing personnel. The United Nations Office in Paraguay had also organized a seminar for members of the national police. The appointment of judges was based on their qualifications and judicial experience. They could remain as judges up to the age of 75.
Responding to a question on how the Government dealt with the perpetrators of torture under the former dictatorship, the delegation said that those who had been found guilty of the crime had been sentenced to up to 25 years of imprisonment while the cases of others were still under investigation. Some of the principal persons responsible for torture were still at large. The refusal by Brazil to extradite to Paraguay the former dictator, Alfredo Stroessner, on the pretext that he had obtained political asylum, was regrettable. Honduras had also refused to extradite the former Minster of Interior, Sabino Augusto Montanaro.
The Government had envisaged to establish a truth and justice commission to elucidate the situation of victims of torture by the former dictatorship.
* *** *
24th Session
8 May 2000
Afternoon
Former Paraguayan Dictator Enjoys Political Asylum in Brazil, Delegation Says
The Committee against Torture this afternoon offered its conclusions on the third periodic report of Portugal by recommending that the country should continue to engage in vigorous measures to maintain the momentum of moving the police culture in Portugal to one that respected human rights.
The Committee said Portugal should particularly ensure that criminal investigation and prosecution of public officers were undertaken where appropriate as a matter of course where the evidence revealed the commission of torture, or cruel or inhuman or degrading treatment and punishment by them. It also expressed concern at continuing reports of a number of deaths and ill-treatment arising out of contact by members of the public with the police and the inter-prisoner violence in prisons.
The Committee also heard responses by the members of the delegation of Paraguay to the Committee's questions raised last Friday morning. The delegation said, among other things, that a number of torture perpetrators of the former dictatorship had been imprisoned except for the former President who had escaped justice by demanding political asylum in Brazil.
As two of the 119 States parties to the Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment, Portugal and Paraguay are obligated to submit periodic reports to the Committee on their efforts to implement the provisions of the treaty
Paraguay will return to the Committee to hear the conclusions and recommendations of the Committee on its report on Wednesday, 10 May, at 3 p.m.
When the Committee reconvenes at 10 a.m. on Tuesday, 9 May, it will take up the initial report of El Salvador.
Conclusions and Recommendations on Report of Portugal
In it conclusions and recommendations on the third periodic report of Portugal, the Committee noted as a positive aspect the on-going initiatives of the country to ensure that its laws and institutions conformed to the requirements of the Convention. It also noted the restructuring of the police agencies which was designed to emphasize the civil features of policing; the advice that an Inspectorate of Prison was about to be set up; the creation of a database to streamline information relating to cases of abuse of public power; and the enactment of regulations governing police use of firearms that reflected the United Nations Principles on the Use of Firearms by Law Enforcement Officials.
The Committee further noted, among other things, the enactment of regulations relating to conditions of detention in police lockups which set out the minimum standards to be observed; the initiation of a practice of prison visits on a monthly basis by magistrates to receive prisoner treatment complaints; the introduction this year of a new system of police training with a curriculum developed by a Board that had members from the civil society; and active measures that had been taken to reduce inter-prisoner violence in Portuguese prisons.
The continuing reports of a number of deaths and ill-treatment arising out of contact by members of the public with police, and the continuing reports of inter-prisoner violence in prisons had been the subject of the Committee's concern.
The Committee recommended that Portugal should continue to engage in vigorous measures, both disciplinary and educative, to maintain the momentum of moving the police culture in Portugal to one that respected human rights; it should particularly ensure that criminal investigation and prosecution of public officers were appropriately undertaken where the evidence revealed the commission of torture, or cruel or inhuman or degrading treatment and punishment by them; and it should continue to take such steps as were necessary to curtail inter-prisoner violence.
The Representative of Portugal thanked the members of the Committee and assured them that the Government of Portugal would take into consideration the recommendations and concerns expressed by the Committee.
Responses by Paraguay
In response to the of questions raised by the Committee experts last Friday morning on the report of Paraguay, the delegation said that the new penal code and criminal procedural code had changed the judicial system in the country by introducing new concepts of judicial handling and measures to speed up proceedings in courts. The new legal instruments also guaranteed citizens the means to bring their complaints through proper channels and to obtain justice. The charge of investigation had been brought under the Ministry of Public Affairs and the judges no more had the right to deal with instigation of suspects. That change were expected to guarantee a better penal system. In addition, court proceeding periods was fixed to a maximum of three years while preventive detention did not exceed two years.
With regard to the issue of public defence, the conditions had been set up in 1999 where a number of lawyers were enlisted under the general defence system to assist victims both in civil and penal proceedings. The Public Defence comprised deputies for civil and penal cases. Eight regional public defenders were also assigned to regions to coordinate the judicial system. In accordance with the new penal procedural code, the public defenders handled cases of torture when complaints were presented.
Concerning compensation to victims of torture during the dictatorship between 1954 and 1989, the law had some deficiencies like not covering all kinds of torture and excluding torture victims after 1989. However, victims of torture still had the possibility to apply for compensation by bringing their cases to courts. Article 39 of the Constitution provided the payment of compensation by the person responsible for committing the torture. The Commission of Human Rights of the Chamber of Deputies also dealt with requests for compensation.
The country's Congress, the parliament, had established in December 1999 a heading in the national budget to be used by the Ombudsman, the delegation continued to say. The appointment of the Ombudsman was also initiated by the same parliament with the retention of three candidates to be appointed to the post. Nevertheless, there had been a delay in the process because of political reasons. Since the appointment of the Ombudsman required the approval of a two-thirds majority, there had been no consensus on the appointment. Only the votes of one party were in favour while the rest of the political parties rejected any appointment. The term of the present parliament would end by 2003, and the first mandate of the Ombudsman would have also ended in that same year.
In order to ameliorate prison conditions in the country, in March 1999 the new Government had established a commission to reform the prison system with a concept of rehabilitation and not simple detention. The main problems of the prisons were the lack of activities because of adequate space to allow prisoners to participate in such activities. New prisons were now under construction in five places with adequate space to accommodate a limited number of prisionsers in each case. In addition, young offenders who had been incarcerated in the Panchito Lopez prison would be transferred to the new centre which integrated an educational system.
Regarding the training of judges, the delegation said that 80 per cent of magistrates were trained and had participated in seminars organized by the country's Supreme Court and the inter-American Institute of Human Rights. Some international non-governmental organizations had also been involved in training judges and other law-enforcing personnel. The United Nations Office in Paraguay had also organized a seminar for members of the national police. The appointment of judges was based on their qualifications and judicial experience. They could remain as judges up to the age of 75.
Responding to a question on how the Government dealt with the perpetrators of torture under the former dictatorship, the delegation said that those who had been found guilty of the crime had been sentenced to up to 25 years of imprisonment while the cases of others were still under investigation. Some of the principal persons responsible for torture were still at large. The refusal by Brazil to extradite to Paraguay the former dictator, Alfredo Stroessner, on the pretext that he had obtained political asylum, was regrettable. Honduras had also refused to extradite the former Minster of Interior, Sabino Augusto Montanaro.
The Government had envisaged to establish a truth and justice commission to elucidate the situation of victims of torture by the former dictatorship.
* *** *