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24 November 2000
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24 November 2000
ROUND-UP
Considered Reports of Armenia, Belarus, Australia, Canada,
Cameroon and Guatemala
The Committee against Torture concluded this morning its twenty-fifth session, a two-weeks series of meetings at the Palais Wilson in Geneva during which it considered reports submitted by Armenia, Belarus, Australia, Canada, Cameroon and Guatemala.
These countries, which are among the 123 States parties to the Convention against Torture and Other Cruel or Degrading Treatment or Punishment, described efforts to implement the terms of the Convention and sent Government delegations to answer questions put by the Committee's 10 independent Experts.
The Committee's findings on a third periodic report of Guatemala were released this morning and recommended, among other things, that provisions be repealed that currently allowed the army to intervene in matters of public security and justice; that an independent commission be established to monitor and investigate the performance of the police; that there be a prohibition of investigations of a criminal nature by any organization other than the judicial system; and that an independent commission be established to investigate cases of kidnapping and disappearances and to bring those responsible to justice.
The Committee cited concern over what it called a deterioration of the human-rights situation in Guatemala, including in matters involving torture, since the country's previous report to the panel; over indications that many violations were committed by the police; and over the persistence of impunity for human-rights violations, dating both from the period of armed conflict and later.
It remarked on number of positive developments in the country, including the announcement of the President that human rights would hold a central place in Government policies and that the Government recognized a priority need to reform the administration of justice and to overcome impunity; passage of a law bolstering the independence of judges and magistrates; the establishment of a single national civil police force and the decision to demobilize the Home Guards; creation within the office of the Procurator for Human Rights of an office for detainees and due process; and a programme to modernize the prison system.
Victor Hugo Godoy Morales, Minister and Chairman of COPREDEH (Commission of the President for the Coordination of Human Rights Policies in the Executive Branch) of Guatemala, said the recommendations touched on Guatemala's significant human-rights problems and that COPREDEH would use the recommendations to ensure that various Government agencies adopted measures to enhance respect for human rights in the country.
In conclusions and recommendations on country reports issued earlier in its two-week session, the Committee approved of continuing efforts by Armenia to establish a framework of protection for fundamental human rights. It noted as a factor impeding application of the Convention the problems of economic transition in the country, and it recommended, among other things, that Armenia establish an effective and independent monitoring system for all places of detention.
It cited as positive the cooperation of Belarus with United Nations treaty bodies and other human-rights mechanisms and said it was concerned, among other things, about a deterioration in the country's human-rights situation and "numerous continuing allegations of torture and other inhumane treatment or punishment" committed by State officials or with their acquiescence. It recommended that Belarus establish an independent complaints mechanism to look into torture allegations.
The Committee cited among a series of positive developments in Australia the many investigations and inquiries undertaken at both federal and state levels on matters of relevance to the Convention. It noted concern over allegations of excessive use of force or degrading treatment by police forces or prison guards, and it recommended, among other things, that Australia continue efforts to address socio-economic disadvantages that led indigenous Australians to come disproportionately into contact with the criminal-justice system.
The panel cited among a series of positive aspects to the situation in Canada the appointment of a Correctional Investigator to act as an Ombudsman for detained federal offenders. It said it was concerned over excessive imprisonment of Aboriginal people and their over representation throughout the criminal justice system and recommended, among other things, that the country consider creating an investigative body for receiving and investigating complaints of violations of the Convention.
And the Committee lauded a remarkable effort made by Cameroon to reform legislation and practices so that they conformed with the Convention against Torture and the cooperation shown by Cameroon with the International Criminal Tribunal on Rwanda. It said it was concerned that despite the intentions of the Government, torture still seemed to be widely practised in the country and it recommended, among other things, that Cameroon consider dismantling special forces created to combat banditry, as these forces had been accused of numerous human-rights violations.
In addition to reviewing country reports in public session, the Committee considered in a series of private meetings information appearing to contain well-founded indications that torture was being systematically practised on the territories of some States parties. It also examined communications from individuals claiming to be victims of a violation by a State party of the provisions of the Convention. Information on decisions taken on these allegations will be released later. Such communications are accepted only if they concern those 40 countries which have declared the Committee competent to receive the complaints under article 22 of the Convention.
The Committee approved a contribution to the upcoming World Conference against Racism which recommended that all States ratify the Convention and that they take all necessary steps to ensure that public officials, including law-enforcement officers, did not apply discriminatory practices or manifest contempt, racial hatred or xenophobia which could lead them to acts of torture or ill-treatment.
There was a brief discussion by the panel of the situation in the Palestinian territories occupied by Israel in light of article 16 of the Convention. And the Committee further pursued efforts to establish a pre-sessional working group, beginning in 2002, to review individual complaints over the week preceding each Committee session.
The Committee's next session is scheduled for 30 April through 18 May 2001. It is expected to consider reports from Georgia, Greece, the Czech Republic, the Slovak Republic, Bolivia, Brazil, Costa Rica, and Kazakhstan.
Conclusions and recommendations on third periodic report of Guatemala
The Committee issued conclusions and recommendations this morning on a third periodic report of Guatemala.
It cited a series of positive developments, including the announcement of the President that the theme of human rights would hold a central place in Government policies and that the Government recognized a priority need to reform the administration of justice and to overcome impunity; the recognition of State responsibility for various cases of human-rights violations brought before the Inter-American system; passage of a law on judges and magistrates which bolstered their independence and the professional exercise of their functions; the establishment of a single national civil police force and the decision to demobilize the Home Guards; the creation within the office of the Procurator for Human Rights of an office for detainees and due process; the agreement between the Government and the Mission of Verification of the United Nations to Guatemala (MINUGUA) to carry out a modernization of the prison system; and the intention of the Government to advocate the amendment of relevant articles of its Penal Code to define the crime of torture in a way that was completely consistent with the Convention.
A series of factors was noted as impeding implementation of the Convention in the country, including the increase in intimidation, harassment and death threats against judges, prosecutors, those denouncing crimes, witnesses, those working for human-rights organizations, and journalists, which inhibited the filing and pursuit of complaints of human-rights violations and caused a slowing of court proceedings, particularly where there was a connection with law-enforcement, army, or intelligence services; the continued blocking by superior officers of investigations of allegations of abuses committed by the army; and the inadequacies of the services provided for protection of those involved in trials and the administration of justice, which led to the continuation of a pattern of impunity.
Concern was cited, among other things, over a deterioration of the human-rights situation in Guatemala, including in matters involving torture, since the country's previous report, and indications that many violations were committed by the police; and the persistence of impunity for human-rights violations, dating both from the period of armed conflict and later.
The Committee recommended, among other things:
-- that Guatemala reform its Penal Code so that it contained a definition and prohibition of torture conforming with articles 1 and 4 of the Convention;
-- that it modernize its judicial system, adopt means to overcome its problems and deficiencies, and ensure its autonomy and independence;
-- that Guatemala provide protections for those involved in and carrying out trials and that the Ministry of Justice be given the human and material resources necessary for its effective function;
-- that Guatemala make the necessary declaration under article 22 of the Convention to allow the Committee to receive complaints from individuals;
-- that Guatemala modernize its system of justice and adopt measures to overcome its weaknesses and to strengthen the independence of the judiciary;
-- that provisions be repealed that currently allowed the army to intervene in matters of public security and justice;
-- that an independent commission be established to monitor and investigate the performance of the police;
-- that there be a prohibition of investigations of a criminal nature by any organization other than the judicial system;
-- that an independent commission be established to investigate cases of kidnapping and disappearances and to bring those responsible to justice;
-- and that systematic procedures be adopted to regulate methods of interrogation so that they were in keeping with the standards of the Convention.
Conclusions and recommendations on other country reports
More extensive summaries of the Committee's findings on reports of Armenia, Belarus, Australia, Canada, and Cameroon may be found in press releases from earlier in its twenty-fifth session.
The Committee cited as positive in the second periodic report of Armenia (CAT/00/33) continuing efforts to establish a framework of protection for fundamental human rights, including those related to torture prevention; the country's current moratorium on capital punishment and the absence of capital punishment in Armenia's draft Penal Code; and human rights training programmes carried out for State officials.
As a factor impeding the application of the Convention, the Committee noted problems of economic "transition" being experienced by Armenia. It recommended, among other things, that persons deprived of liberty should be effectively guaranteed immediate access to lawyers, members of their families, and physicians of their choice; and that the Government should establish an effective and independent monitoring system for all places of detention; that the Armenian Government take steps to ensure that the penal responsibility of judges conformed to relevant international instruments, notably those on the independence of the judiciary; and that the Government should undertake without delay impartial inquiries into allegations of "hazing" in the army and pursue legal action in necessary cases.
Among positive aspects in the third periodic report of Belarus (CAT/00/35), the Committee noted that Belarus had decided to withdraw its reservation to article 20 of the Convention; that the Government had cooperated with United Nations treaty bodies and other human-rights mechanisms, particularly in permitting visits of the Special Rapporteur on freedom of expression and the Special Rapporteur on independence of the judiciary; and that Belarus had decided to accede to the 1951 Refugee Convention.
It cited concern, among other things, over what it called a deterioration in the country's human-rights situation and "numerous continuing allegations of torture and other inhumane treatment or punishment" committed by State officials or with their acquiescence. It said such violations particularly appeared to have been committed against political opponents of the Government and peaceful demonstrators, and included disappearances and beatings. Among its recommendations the Committee called for establishment of an independent complaints mechanism to look into torture allegations; said the Belarussian Government should consider establishing an independent and impartial national human rights commission with effective powers to investigate complaints; and recommended that measures be taken to establish independence of the judiciary and lawyers.
Following review of the second periodic report of Australia (CAT/00/37), the Committee remarked among positive developments the declarations made by Australia under articles 21 and 22 of the Convention against Torture and its ratification of the Optional Protocol to the International Covenant on Civil and Political Rights; the many investigations and inquiries undertaken at both federal and state levels on matter of relevance to the Convention; the expansion of rehabilitation services for victims of torture; measures taken to address the historical, social and economic underpinnings of the disadvantages experienced by the indigenous population; and the establishment of an independent statutory office of the Inspector of Custodial Services.
The panel cited concern over allegations of excessive use of force or degrading treatment by police forces or prison guards; and allegations of intimidation and adverse consequences faced by inmates who complained about their treatment in prisons. Among the Committee's recommendations were that constant review be carried out of the use of instruments of restraint that might cause unnecessary pain and humiliation; that steps be taken to ensure that those complaining of maltreatment, particularly in prisons, were protected against intimidation and adverse consequences as a result of their complaints; that Australia continue efforts to address socio-economic disadvantages that led indigenous Australians to come disproportionately into contact with the criminal-justice system; and that it keep under careful review legislation imposing mandatory minimum sentences to ensure that such laws did not raise questions of compliance with the Convention.
Among a series of factors the Committee termed positive in the third periodic report of Canada (CAT/00/39) were the extensive legal protections against torture that existed in Canada and the transparency of the procedures involved; the appointment of a Correctional Investigator, independent of the Corrections Service, to act as an Ombudsman for detained federal offenders, and the establishment of a Human Rights Division in the Correctional Service; and development of a national strategy on Aboriginal corrections and other measures taken to address the historical, social and economic disadvantages experienced by the indigenous population.
Concern was cited over allegations of inappropriate use of pepper spray and force by police authorities to break up demonstrations and restore order; allegations that female detainees had been treated harshly and improperly; and excessive imprisonment of Aboriginal people and their over representation throughout the criminal justice system. The Committee recommended, among other things, that the country should consider creating an investigative body for receiving and investigating complaints regarding the Convention against Torture; and that it continue and enhance training of military personnel on standards required by the Convention and related human rights matters; that the Canadian Government comply fully with the Convention's prohibition of the return of a person to another State where there were substantial grounds for believing that the individual would be subject to torture, whether or not the individual was a serious criminal or security risk; and that the Government prosecute every case of an alleged torturer in a territory under its jurisdiction where it did not extradite that person and the evidence warranted it, and prior to any deportation.
Among a variety of positive aspects of the second periodic report of Cameroon (CAT/00/40), the Committee noted a remarkable effort made by Cameroon to reform legislation and practices so that they conformed with the Convention; the willingness of Cameroon to receive a visit from the Special Rapporteur on torture and from inspectors of the International Committee of the Red Cross, who investigated conditions of detention in the country; the scrupulous respect shown for the country's obligations under article 3 of the Convention; and the cooperation shown by Cameroon with the International Criminal Tribunal on Rwanda.
The Committee cited concern, among other things, that despite the intentions of the Government, torture still seemed to be widely practised in the country, and that there was continued use of administrative detention which permitted authorities of the executive branch of Government to have powers over personal liberty, a matter that in a State of law should be left to the competence of the judiciary. The Committee recommended among other things that pre-trial detention be used only in cases of absolute necessity; that Cameroon consider transferring control of the administration of prisons from the Ministry of the Interior to the Ministry of Justice; that it consider dismantling special forces created to combat banditry, as these forces had been accused of numerous human-rights violations; that Cameroon carry out energetic investigations into all allegations of human-rights violations and torture; and that it maintain scrupulously a publicly accessible register of detainees.
Background On Convention And Committee
The Convention, adopted unanimously by the General Assembly in 1984, entered into force on 26 June 1987. States parties to the Convention are required to outlaw torture and are explicitly prohibited from using "higher orders" or "exceptional circumstances" as excuses for acts of torture. The Convention introduced two significant new elements to the United Nations fight against torture. First, it specifies that alleged torturers may be tried in any State party or they may be extradited to face trial in the State party where their crimes were committed. Second, it provides for international investigation of reliable reports of torture, including visits to the State party concerned, with its agreement.
Under article 20 of the Convention, if the Committee receives reliable information which appears to contain well-founded indications that torture is being systematically practised in the territory of a State party, the Committee shall invite that State party to cooperate in the examination of this information.
Under article 21, a State party to the Convention may at any time declare that it recognizes the competence of the Committee to receive and consider communications to the effect that a State party claims that another State party is not fulfilling its obligations under the Convention.
Under article 22, a State party to the Convention may at any time declare that it recognizes the competence of the Committee to receive and consider communications from, or on behalf of, individuals subject to its jurisdiction who claim to be victims of a violation by a State party of the provisions of the Convention.
The Convention has been ratified or acceded to by the following 123 States: Afghanistan, Albania, Algeria, Antigua and Barbuda, Argentina, Armenia, Australia, Austria, Azerbaijan, Bangladesh, Belarus, Belgium, Belize, Benin, Bolivia, Bosnia and Herzegovina, Botswana, Brazil, Bulgaria, Burkina Fasso, Burundi, Cambodia, Cameroon, Canada, Cape Verde, Chad, Chile, China, Colombia, Costa Rica, Côte d'Ivoire, Croatia, Cuba, Cyprus, Czech Republic, Democratic Republic of the Congo, Denmark, Ecuador, Egypt, El Salvador, Estonia, Ethiopia, Finland, France, Gabon, Georgia, Germany, Ghana, Greece, Guatemala, Guinea, Guyana, Honduras, Hungary, Iceland, Indonesia, Israel, Italy, Japan, Jordan, Kazakhstan, Kenya, Kuwait, Kyrgyzstan, Latvia, Lebanon, Libya, Liechtenstein, Lithuania, Luxembourg, Malawi, Mali, Malta, Mauritius, Mexico, Moldova, Monaco, Morocco, Mozambique, Namibia, Nepal, Netherlands, New Zealand, Niger, Norway, Panama, Paraguay, Peru, Philippines, Poland, Portugal, Qatar, Republic of Korea, Romania, Russian Federation, Saudi Arabia, Senegal, Seychelles, Slovak Republic, Slovenia, Somalia, South Africa, Spain, Sri Lanka, Sweden, Switzerland, Tajikistan, the Former Yugoslav Republic of Macedonia, Togo, Tunisia, Turkey, Turkmenistan, Uganda, Ukraine, United Kingdom, United States, Uruguay, Uzbekistan, Venezuela, Yemen, Yugoslavia and Zambia.
The following 42 States have recognized the competence of the Committee under articles 21 and 22: Algeria, Argentina, Australia, Austria, Belgium, Bulgaria, Canada, Croatia, Cyprus, Czech Republic, Denmark, Ecuador, Finland, France, Ghana, Greece, Hungary, Iceland, Italy, Liechtenstein, Luxembourg, Malta, Monaco, Netherlands, New Zealand, Norway, Poland, Portugal, Russian Federation, Senegal, Slovak Republic, Slovenia, South Africa, Spain, Sweden, Switzerland, Togo, Tunisia, Turkey, Uruguay, Venezuela and Yugoslavia. In addition, Japan, the United Kingdom and the United States of America have recognized the competence of the Committee under article 21 only.
Membership and Officers
The Committee's members are elected by the States parties to the Convention and serve in their personal capacity. The current members of the Committee are: Peter Thomas Burns (Canada); Guibril Camara (Senegal); Sayed Kassem el Masry (Egypt); Felice Gaer (the United States of America); Antonio Silva Henriques Gaspar (Portugal); Alejandro Gonzalez Poblete (Chile); Andreas Mavrommatis (Cyprus); Ole Vedel Rasmussen (Denmark); Alexander M. Yakovlev (the Russian Federation); and Yu Mengja (China).
Mr. Burns is Chairman. Vice-Chairpersons are Mr. Camara, Mr. Gonzalez Poblete and Mr. Yu. Mr. el Masry is Rapporteur.
*****
ROUND-UP
Considered Reports of Armenia, Belarus, Australia, Canada,
Cameroon and Guatemala
The Committee against Torture concluded this morning its twenty-fifth session, a two-weeks series of meetings at the Palais Wilson in Geneva during which it considered reports submitted by Armenia, Belarus, Australia, Canada, Cameroon and Guatemala.
These countries, which are among the 123 States parties to the Convention against Torture and Other Cruel or Degrading Treatment or Punishment, described efforts to implement the terms of the Convention and sent Government delegations to answer questions put by the Committee's 10 independent Experts.
The Committee's findings on a third periodic report of Guatemala were released this morning and recommended, among other things, that provisions be repealed that currently allowed the army to intervene in matters of public security and justice; that an independent commission be established to monitor and investigate the performance of the police; that there be a prohibition of investigations of a criminal nature by any organization other than the judicial system; and that an independent commission be established to investigate cases of kidnapping and disappearances and to bring those responsible to justice.
The Committee cited concern over what it called a deterioration of the human-rights situation in Guatemala, including in matters involving torture, since the country's previous report to the panel; over indications that many violations were committed by the police; and over the persistence of impunity for human-rights violations, dating both from the period of armed conflict and later.
It remarked on number of positive developments in the country, including the announcement of the President that human rights would hold a central place in Government policies and that the Government recognized a priority need to reform the administration of justice and to overcome impunity; passage of a law bolstering the independence of judges and magistrates; the establishment of a single national civil police force and the decision to demobilize the Home Guards; creation within the office of the Procurator for Human Rights of an office for detainees and due process; and a programme to modernize the prison system.
Victor Hugo Godoy Morales, Minister and Chairman of COPREDEH (Commission of the President for the Coordination of Human Rights Policies in the Executive Branch) of Guatemala, said the recommendations touched on Guatemala's significant human-rights problems and that COPREDEH would use the recommendations to ensure that various Government agencies adopted measures to enhance respect for human rights in the country.
In conclusions and recommendations on country reports issued earlier in its two-week session, the Committee approved of continuing efforts by Armenia to establish a framework of protection for fundamental human rights. It noted as a factor impeding application of the Convention the problems of economic transition in the country, and it recommended, among other things, that Armenia establish an effective and independent monitoring system for all places of detention.
It cited as positive the cooperation of Belarus with United Nations treaty bodies and other human-rights mechanisms and said it was concerned, among other things, about a deterioration in the country's human-rights situation and "numerous continuing allegations of torture and other inhumane treatment or punishment" committed by State officials or with their acquiescence. It recommended that Belarus establish an independent complaints mechanism to look into torture allegations.
The Committee cited among a series of positive developments in Australia the many investigations and inquiries undertaken at both federal and state levels on matters of relevance to the Convention. It noted concern over allegations of excessive use of force or degrading treatment by police forces or prison guards, and it recommended, among other things, that Australia continue efforts to address socio-economic disadvantages that led indigenous Australians to come disproportionately into contact with the criminal-justice system.
The panel cited among a series of positive aspects to the situation in Canada the appointment of a Correctional Investigator to act as an Ombudsman for detained federal offenders. It said it was concerned over excessive imprisonment of Aboriginal people and their over representation throughout the criminal justice system and recommended, among other things, that the country consider creating an investigative body for receiving and investigating complaints of violations of the Convention.
And the Committee lauded a remarkable effort made by Cameroon to reform legislation and practices so that they conformed with the Convention against Torture and the cooperation shown by Cameroon with the International Criminal Tribunal on Rwanda. It said it was concerned that despite the intentions of the Government, torture still seemed to be widely practised in the country and it recommended, among other things, that Cameroon consider dismantling special forces created to combat banditry, as these forces had been accused of numerous human-rights violations.
In addition to reviewing country reports in public session, the Committee considered in a series of private meetings information appearing to contain well-founded indications that torture was being systematically practised on the territories of some States parties. It also examined communications from individuals claiming to be victims of a violation by a State party of the provisions of the Convention. Information on decisions taken on these allegations will be released later. Such communications are accepted only if they concern those 40 countries which have declared the Committee competent to receive the complaints under article 22 of the Convention.
The Committee approved a contribution to the upcoming World Conference against Racism which recommended that all States ratify the Convention and that they take all necessary steps to ensure that public officials, including law-enforcement officers, did not apply discriminatory practices or manifest contempt, racial hatred or xenophobia which could lead them to acts of torture or ill-treatment.
There was a brief discussion by the panel of the situation in the Palestinian territories occupied by Israel in light of article 16 of the Convention. And the Committee further pursued efforts to establish a pre-sessional working group, beginning in 2002, to review individual complaints over the week preceding each Committee session.
The Committee's next session is scheduled for 30 April through 18 May 2001. It is expected to consider reports from Georgia, Greece, the Czech Republic, the Slovak Republic, Bolivia, Brazil, Costa Rica, and Kazakhstan.
Conclusions and recommendations on third periodic report of Guatemala
The Committee issued conclusions and recommendations this morning on a third periodic report of Guatemala.
It cited a series of positive developments, including the announcement of the President that the theme of human rights would hold a central place in Government policies and that the Government recognized a priority need to reform the administration of justice and to overcome impunity; the recognition of State responsibility for various cases of human-rights violations brought before the Inter-American system; passage of a law on judges and magistrates which bolstered their independence and the professional exercise of their functions; the establishment of a single national civil police force and the decision to demobilize the Home Guards; the creation within the office of the Procurator for Human Rights of an office for detainees and due process; the agreement between the Government and the Mission of Verification of the United Nations to Guatemala (MINUGUA) to carry out a modernization of the prison system; and the intention of the Government to advocate the amendment of relevant articles of its Penal Code to define the crime of torture in a way that was completely consistent with the Convention.
A series of factors was noted as impeding implementation of the Convention in the country, including the increase in intimidation, harassment and death threats against judges, prosecutors, those denouncing crimes, witnesses, those working for human-rights organizations, and journalists, which inhibited the filing and pursuit of complaints of human-rights violations and caused a slowing of court proceedings, particularly where there was a connection with law-enforcement, army, or intelligence services; the continued blocking by superior officers of investigations of allegations of abuses committed by the army; and the inadequacies of the services provided for protection of those involved in trials and the administration of justice, which led to the continuation of a pattern of impunity.
Concern was cited, among other things, over a deterioration of the human-rights situation in Guatemala, including in matters involving torture, since the country's previous report, and indications that many violations were committed by the police; and the persistence of impunity for human-rights violations, dating both from the period of armed conflict and later.
The Committee recommended, among other things:
-- that Guatemala reform its Penal Code so that it contained a definition and prohibition of torture conforming with articles 1 and 4 of the Convention;
-- that it modernize its judicial system, adopt means to overcome its problems and deficiencies, and ensure its autonomy and independence;
-- that Guatemala provide protections for those involved in and carrying out trials and that the Ministry of Justice be given the human and material resources necessary for its effective function;
-- that Guatemala make the necessary declaration under article 22 of the Convention to allow the Committee to receive complaints from individuals;
-- that Guatemala modernize its system of justice and adopt measures to overcome its weaknesses and to strengthen the independence of the judiciary;
-- that provisions be repealed that currently allowed the army to intervene in matters of public security and justice;
-- that an independent commission be established to monitor and investigate the performance of the police;
-- that there be a prohibition of investigations of a criminal nature by any organization other than the judicial system;
-- that an independent commission be established to investigate cases of kidnapping and disappearances and to bring those responsible to justice;
-- and that systematic procedures be adopted to regulate methods of interrogation so that they were in keeping with the standards of the Convention.
Conclusions and recommendations on other country reports
More extensive summaries of the Committee's findings on reports of Armenia, Belarus, Australia, Canada, and Cameroon may be found in press releases from earlier in its twenty-fifth session.
The Committee cited as positive in the second periodic report of Armenia (CAT/00/33) continuing efforts to establish a framework of protection for fundamental human rights, including those related to torture prevention; the country's current moratorium on capital punishment and the absence of capital punishment in Armenia's draft Penal Code; and human rights training programmes carried out for State officials.
As a factor impeding the application of the Convention, the Committee noted problems of economic "transition" being experienced by Armenia. It recommended, among other things, that persons deprived of liberty should be effectively guaranteed immediate access to lawyers, members of their families, and physicians of their choice; and that the Government should establish an effective and independent monitoring system for all places of detention; that the Armenian Government take steps to ensure that the penal responsibility of judges conformed to relevant international instruments, notably those on the independence of the judiciary; and that the Government should undertake without delay impartial inquiries into allegations of "hazing" in the army and pursue legal action in necessary cases.
Among positive aspects in the third periodic report of Belarus (CAT/00/35), the Committee noted that Belarus had decided to withdraw its reservation to article 20 of the Convention; that the Government had cooperated with United Nations treaty bodies and other human-rights mechanisms, particularly in permitting visits of the Special Rapporteur on freedom of expression and the Special Rapporteur on independence of the judiciary; and that Belarus had decided to accede to the 1951 Refugee Convention.
It cited concern, among other things, over what it called a deterioration in the country's human-rights situation and "numerous continuing allegations of torture and other inhumane treatment or punishment" committed by State officials or with their acquiescence. It said such violations particularly appeared to have been committed against political opponents of the Government and peaceful demonstrators, and included disappearances and beatings. Among its recommendations the Committee called for establishment of an independent complaints mechanism to look into torture allegations; said the Belarussian Government should consider establishing an independent and impartial national human rights commission with effective powers to investigate complaints; and recommended that measures be taken to establish independence of the judiciary and lawyers.
Following review of the second periodic report of Australia (CAT/00/37), the Committee remarked among positive developments the declarations made by Australia under articles 21 and 22 of the Convention against Torture and its ratification of the Optional Protocol to the International Covenant on Civil and Political Rights; the many investigations and inquiries undertaken at both federal and state levels on matter of relevance to the Convention; the expansion of rehabilitation services for victims of torture; measures taken to address the historical, social and economic underpinnings of the disadvantages experienced by the indigenous population; and the establishment of an independent statutory office of the Inspector of Custodial Services.
The panel cited concern over allegations of excessive use of force or degrading treatment by police forces or prison guards; and allegations of intimidation and adverse consequences faced by inmates who complained about their treatment in prisons. Among the Committee's recommendations were that constant review be carried out of the use of instruments of restraint that might cause unnecessary pain and humiliation; that steps be taken to ensure that those complaining of maltreatment, particularly in prisons, were protected against intimidation and adverse consequences as a result of their complaints; that Australia continue efforts to address socio-economic disadvantages that led indigenous Australians to come disproportionately into contact with the criminal-justice system; and that it keep under careful review legislation imposing mandatory minimum sentences to ensure that such laws did not raise questions of compliance with the Convention.
Among a series of factors the Committee termed positive in the third periodic report of Canada (CAT/00/39) were the extensive legal protections against torture that existed in Canada and the transparency of the procedures involved; the appointment of a Correctional Investigator, independent of the Corrections Service, to act as an Ombudsman for detained federal offenders, and the establishment of a Human Rights Division in the Correctional Service; and development of a national strategy on Aboriginal corrections and other measures taken to address the historical, social and economic disadvantages experienced by the indigenous population.
Concern was cited over allegations of inappropriate use of pepper spray and force by police authorities to break up demonstrations and restore order; allegations that female detainees had been treated harshly and improperly; and excessive imprisonment of Aboriginal people and their over representation throughout the criminal justice system. The Committee recommended, among other things, that the country should consider creating an investigative body for receiving and investigating complaints regarding the Convention against Torture; and that it continue and enhance training of military personnel on standards required by the Convention and related human rights matters; that the Canadian Government comply fully with the Convention's prohibition of the return of a person to another State where there were substantial grounds for believing that the individual would be subject to torture, whether or not the individual was a serious criminal or security risk; and that the Government prosecute every case of an alleged torturer in a territory under its jurisdiction where it did not extradite that person and the evidence warranted it, and prior to any deportation.
Among a variety of positive aspects of the second periodic report of Cameroon (CAT/00/40), the Committee noted a remarkable effort made by Cameroon to reform legislation and practices so that they conformed with the Convention; the willingness of Cameroon to receive a visit from the Special Rapporteur on torture and from inspectors of the International Committee of the Red Cross, who investigated conditions of detention in the country; the scrupulous respect shown for the country's obligations under article 3 of the Convention; and the cooperation shown by Cameroon with the International Criminal Tribunal on Rwanda.
The Committee cited concern, among other things, that despite the intentions of the Government, torture still seemed to be widely practised in the country, and that there was continued use of administrative detention which permitted authorities of the executive branch of Government to have powers over personal liberty, a matter that in a State of law should be left to the competence of the judiciary. The Committee recommended among other things that pre-trial detention be used only in cases of absolute necessity; that Cameroon consider transferring control of the administration of prisons from the Ministry of the Interior to the Ministry of Justice; that it consider dismantling special forces created to combat banditry, as these forces had been accused of numerous human-rights violations; that Cameroon carry out energetic investigations into all allegations of human-rights violations and torture; and that it maintain scrupulously a publicly accessible register of detainees.
Background On Convention And Committee
The Convention, adopted unanimously by the General Assembly in 1984, entered into force on 26 June 1987. States parties to the Convention are required to outlaw torture and are explicitly prohibited from using "higher orders" or "exceptional circumstances" as excuses for acts of torture. The Convention introduced two significant new elements to the United Nations fight against torture. First, it specifies that alleged torturers may be tried in any State party or they may be extradited to face trial in the State party where their crimes were committed. Second, it provides for international investigation of reliable reports of torture, including visits to the State party concerned, with its agreement.
Under article 20 of the Convention, if the Committee receives reliable information which appears to contain well-founded indications that torture is being systematically practised in the territory of a State party, the Committee shall invite that State party to cooperate in the examination of this information.
Under article 21, a State party to the Convention may at any time declare that it recognizes the competence of the Committee to receive and consider communications to the effect that a State party claims that another State party is not fulfilling its obligations under the Convention.
Under article 22, a State party to the Convention may at any time declare that it recognizes the competence of the Committee to receive and consider communications from, or on behalf of, individuals subject to its jurisdiction who claim to be victims of a violation by a State party of the provisions of the Convention.
The Convention has been ratified or acceded to by the following 123 States: Afghanistan, Albania, Algeria, Antigua and Barbuda, Argentina, Armenia, Australia, Austria, Azerbaijan, Bangladesh, Belarus, Belgium, Belize, Benin, Bolivia, Bosnia and Herzegovina, Botswana, Brazil, Bulgaria, Burkina Fasso, Burundi, Cambodia, Cameroon, Canada, Cape Verde, Chad, Chile, China, Colombia, Costa Rica, Côte d'Ivoire, Croatia, Cuba, Cyprus, Czech Republic, Democratic Republic of the Congo, Denmark, Ecuador, Egypt, El Salvador, Estonia, Ethiopia, Finland, France, Gabon, Georgia, Germany, Ghana, Greece, Guatemala, Guinea, Guyana, Honduras, Hungary, Iceland, Indonesia, Israel, Italy, Japan, Jordan, Kazakhstan, Kenya, Kuwait, Kyrgyzstan, Latvia, Lebanon, Libya, Liechtenstein, Lithuania, Luxembourg, Malawi, Mali, Malta, Mauritius, Mexico, Moldova, Monaco, Morocco, Mozambique, Namibia, Nepal, Netherlands, New Zealand, Niger, Norway, Panama, Paraguay, Peru, Philippines, Poland, Portugal, Qatar, Republic of Korea, Romania, Russian Federation, Saudi Arabia, Senegal, Seychelles, Slovak Republic, Slovenia, Somalia, South Africa, Spain, Sri Lanka, Sweden, Switzerland, Tajikistan, the Former Yugoslav Republic of Macedonia, Togo, Tunisia, Turkey, Turkmenistan, Uganda, Ukraine, United Kingdom, United States, Uruguay, Uzbekistan, Venezuela, Yemen, Yugoslavia and Zambia.
The following 42 States have recognized the competence of the Committee under articles 21 and 22: Algeria, Argentina, Australia, Austria, Belgium, Bulgaria, Canada, Croatia, Cyprus, Czech Republic, Denmark, Ecuador, Finland, France, Ghana, Greece, Hungary, Iceland, Italy, Liechtenstein, Luxembourg, Malta, Monaco, Netherlands, New Zealand, Norway, Poland, Portugal, Russian Federation, Senegal, Slovak Republic, Slovenia, South Africa, Spain, Sweden, Switzerland, Togo, Tunisia, Turkey, Uruguay, Venezuela and Yugoslavia. In addition, Japan, the United Kingdom and the United States of America have recognized the competence of the Committee under article 21 only.
Membership and Officers
The Committee's members are elected by the States parties to the Convention and serve in their personal capacity. The current members of the Committee are: Peter Thomas Burns (Canada); Guibril Camara (Senegal); Sayed Kassem el Masry (Egypt); Felice Gaer (the United States of America); Antonio Silva Henriques Gaspar (Portugal); Alejandro Gonzalez Poblete (Chile); Andreas Mavrommatis (Cyprus); Ole Vedel Rasmussen (Denmark); Alexander M. Yakovlev (the Russian Federation); and Yu Mengja (China).
Mr. Burns is Chairman. Vice-Chairpersons are Mr. Camara, Mr. Gonzalez Poblete and Mr. Yu. Mr. el Masry is Rapporteur.
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