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04 November 1999
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HR/CAT/99/26/Rev.1
4 November 1999
COMMITTEE AGAINST TORTURE TO HOLD TWENTY-THIRD SESSION AT PALAIS DES NATIONS FROM 8 TO 19 NOVEMBER 1999
Panel Scheduled to Consider Reports From Malta, Austria, Azerbaijan, Kyrgyzstan, Uzbekistan, Finland and Peru
The Committee against Torture will meet at the Palais des Nations in Geneva from 8 to 19 November 1999 to review the measures adopted by Malta, Azerbaijan, Kyrgyzstan, Uzbekistan, Finland and Peru to prevent and punish acts of torture. Representatives of the seven countries are expected to come before the Committee to defend their records in implementing the rights enshrined in the Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment.
During the two-week meeting, the panel’s 10 independent experts will also study, in closed session, information appearing to contain well-founded indications that torture is being systematically practised in a State party. In addition, they will examine communications from individuals claiming to be victims of a violation by a State party of the provisions of the treaty. The large number of overdue reports from State parties on how they are applying the Convention will be another subject of discussion.
There are 118 State parties to the Convention, which requires signatories to outlaw torture and explicitly prohibits the use of “higher orders” or “exceptional circumstances” as excuses for acts of torture. The Committee was established in 1987 to monitor compliance with the Convention and to assist State parties in implementing its provisions. The latest State parties to ratify the Convention since the last session are Belgium, Turkmenistan, Japan and Mozambique.
Committee’s concluding observations on the last reports submitted by Malta, Austria, Finland and Peru
This is the first time the Committee will be considering reports of Azerbaijan, Kyrgyzstan and Uzbekistan. The other four nations have presented reports in the past.
In its observations and recommendations issued in May 1996 on the initial report of Malta, the Committee took note with satisfaction of Malta's firm commitment to the protection and promotion of human rights, as attested by its ratification of a number of relevant international treaties and by its recognition of the competence of the Committee to consider communications from States and individuals. The Committee also expressed satisfaction over the abolition of the death penalty. But Experts also showed concern about the absence from national legislation of the right of persons to immediate access to a lawyer. It recommended that Malta should introduce into its national legislation provisions permitting the full application of article 3 of the Convention, and would welcome a contribution, however symbolic, to the United Nations Voluntary Fund for Victims of Torture.
Concluding its consideration of the initial report of Austria, which the Committee examined in April 1989, the panel expressed satisfaction that a constructive dialogue had been established between the Government and the Committee. The Committee also expressed the wish to be provided with the texts of the relevant legislative acts referred to in its report, as well as statistics concerning crime and information regarding medical treatment that might be available to torture victims. In addition, Committee Experts expressed the hope that the second periodic report of Austria would contain details of the training of medial personnel, as well as the results of the judicial inquiry regarding certain allegations of ill-treatment made in the Austrian media.
In its conclusions on the second periodic report of Finland in May 1996, the Committee welcomed the fact that it did not receive any information on allegations of torture in Finland, and took note with satisfaction of the important steps taken by the country to develop further the legislative measures relating to the implementation of the Convention. The Committee noted its concern, however, of the lack of a provision in Finland’s general laws specifically defining torture, and the absence of provisions specifically prohibiting the use of statements obtained under torture in judicial proceedings. The panel recommended Finland incorporate into its legislation a definition of torture as a specific crime, as well as the completion of the procedure for the abolition of preventive detention. Finally, the Committee recommended the establishment of an independent agency to investigate offences allegedly committed by the police.
Concerning the second periodic report of Peru, considered in November 1994, the Committee listed among positive aspects the intention expressed by the delegation to submit all the reports required by international human rights organizations and to respond to all their requests. Experts were also pleased to note the approval of various items of legislation, such as that permitting procurators to visit places of detention in areas where a state of emergency has been declared. It did, however, note with serious concern the large number of complaints from both non-governmental organizations (NGOS) and international agencies or commissions indicating that torture was being used extensively in connection with the investigation of acts of terrorism and that those responsible were going unpunished. The panel recommended that the military courts should be prevented from trying civilians, and the Judicature Council and the Ombudsman should start operating as soon as possible.
Provisional Timetable for Consideration of Reports
Tuesday, 9 November
Morning Malta, second periodic report, CAT/C/29/Add.6
Wednesday, 10 November
Morning Austria, second periodic report, CAT/C/17/Add.21
Afternoon Malta (continued)
Thursday, 11 November
Morning Finland, third periodic report, CAT/C/44/Add.6
Afternoon Malta (conclusions and recommendations); Austria (continued)
Friday, 12 November
Morning Peru, third periodic report, CAT/C/39/Add.1
Afternoon Austria (conclusions and recommendations); Finland (continued)
Monday, 15 November
Morning Azerbaijan, initial report, CAT/C/37/Add.3
Afternoon Finland (conclusions and recommendations); Peru (continued)
Tuesday, 16 November
Morning Kyrgyzstan, initial report, CAT/C/42/Add.1
Afternoon Peru (conclusions and recommendations); Azerbaijan (continued)
Wednesday, 17 November
Morning Uzbekistan, initial report, CAT/C/32/Add.3
Afternoon Azerbaijan (conclusions and recommendations); Kyrgyzstan (continued)
Thursday, 18 November
Morning Kyrgyzstan (conclusions and recommendations)
Afternoon Uzbekistan (continued)
Friday, 19 November
Morning Uzbekistan (conclusions and recommendations)
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 118 States: Afghanistan, Albania, Algeria, Antigua and Barbuda, Argentina, Armenia, Australia, Austria, Azerbaijan, Bangladesh, Belarus, Belgium, Belize, Benin, Bolivia, Bosnia and Herzegovina, Brazil, Bulgaria, Burkina Faso, 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, Georgia, Germany, Greece, Guatemala, Guinea, Guyana, Honduras, Hungary, Iceland, Indonesia, Israel, Italy, Japan, Jordan, Kazakstan, Kenya, Kuwait, Kyrgyzstan, Latvia, 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, Republic of Korea, Romania, Russian Federation, Saudi Arabia, Senegal, Seychelles, Slovak Republic, Slovenia, Somalia, South Africa, Spain, Sri Lanka, Sweden, Switzerland, Tajikistan, Turkmenistan, the Former Yugoslav Republic of Macedonia, Togo, Tunisia, Turkey, Uganda, Ukraine, United Kingdom, United States, Uruguay, Uzbekistan, Venezuela, Yemen, Yugoslavia and Zambia.
The following 40 States have recognized the competence of the Committee under articles 21 and 22: Algeria, Argentina, Australia, Austria, Bulgaria, Canada, Croatia, Cyprus, Czech Republic, Denmark, Ecuador, Finland, France, 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 have recognized the competence of the Committee under article 21 only.
The Commission on Human Rights, at its fifty-fourth session, invited States parties to the Convention to make the declarations under articles 21 and 22. It also invited parties to envisage withdrawing their reservations to article 20.
Other United Nations Activities Against Torture
In addition to preventive measures, the United Nations has taken action to come to the aid of torture victims. In 1981 the General Assembly set up the United Nations Voluntary Trust Fund for Victims of Torture. At its last session, the Commission on Human Rights appealed to all governments, organizations and individuals in a position to do so to contribute to the Fund in order to allow it to respond to the constantly increasing number of requests for assistance. On the same day, 17 April 1998, the Commission extended the mandate of its Special Rapporteur on Torture, encouraging all governments to envisage inviting him to visit their countries.
The Commission also requested the working group charged with elaborating a draft optional protocol to the Convention against Torture to continue its work with a view to achieving a definitive and concrete text. The draft optional protocol would establish a system of inspection visits to places of detention. The Chairman of the Committee and the Special Rapporteur were requested to participate in the proceedings of the working group.
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); Antonio Silva Henriques Gaspar (Portugal); Alejandro Gonzalez Poblete (Chile); Bent Sorensen (Denmark); Alexander M. Yakovlev (Russian Federation); Yu Mengja (China); Ada Polajnar-Pavcnik (Slovenia); and Andreas V. Mavrommatis (Cyprus).
Mr. Burns is Chairman. Vice-Chairpersons are Mr. Camara, Mr. Gonzalez Poblete and Mr. Yu Mengja. Mr. Sorensen is Rapporteur.
HR/CAT/99/26/Rev.1
4 November 1999
COMMITTEE AGAINST TORTURE TO HOLD TWENTY-THIRD SESSION AT PALAIS DES NATIONS FROM 8 TO 19 NOVEMBER 1999
Panel Scheduled to Consider Reports From Malta, Austria, Azerbaijan, Kyrgyzstan, Uzbekistan, Finland and Peru
The Committee against Torture will meet at the Palais des Nations in Geneva from 8 to 19 November 1999 to review the measures adopted by Malta, Azerbaijan, Kyrgyzstan, Uzbekistan, Finland and Peru to prevent and punish acts of torture. Representatives of the seven countries are expected to come before the Committee to defend their records in implementing the rights enshrined in the Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment.
During the two-week meeting, the panel’s 10 independent experts will also study, in closed session, information appearing to contain well-founded indications that torture is being systematically practised in a State party. In addition, they will examine communications from individuals claiming to be victims of a violation by a State party of the provisions of the treaty. The large number of overdue reports from State parties on how they are applying the Convention will be another subject of discussion.
There are 118 State parties to the Convention, which requires signatories to outlaw torture and explicitly prohibits the use of “higher orders” or “exceptional circumstances” as excuses for acts of torture. The Committee was established in 1987 to monitor compliance with the Convention and to assist State parties in implementing its provisions. The latest State parties to ratify the Convention since the last session are Belgium, Turkmenistan, Japan and Mozambique.
Committee’s concluding observations on the last reports submitted by Malta, Austria, Finland and Peru
This is the first time the Committee will be considering reports of Azerbaijan, Kyrgyzstan and Uzbekistan. The other four nations have presented reports in the past.
In its observations and recommendations issued in May 1996 on the initial report of Malta, the Committee took note with satisfaction of Malta's firm commitment to the protection and promotion of human rights, as attested by its ratification of a number of relevant international treaties and by its recognition of the competence of the Committee to consider communications from States and individuals. The Committee also expressed satisfaction over the abolition of the death penalty. But Experts also showed concern about the absence from national legislation of the right of persons to immediate access to a lawyer. It recommended that Malta should introduce into its national legislation provisions permitting the full application of article 3 of the Convention, and would welcome a contribution, however symbolic, to the United Nations Voluntary Fund for Victims of Torture.
Concluding its consideration of the initial report of Austria, which the Committee examined in April 1989, the panel expressed satisfaction that a constructive dialogue had been established between the Government and the Committee. The Committee also expressed the wish to be provided with the texts of the relevant legislative acts referred to in its report, as well as statistics concerning crime and information regarding medical treatment that might be available to torture victims. In addition, Committee Experts expressed the hope that the second periodic report of Austria would contain details of the training of medial personnel, as well as the results of the judicial inquiry regarding certain allegations of ill-treatment made in the Austrian media.
In its conclusions on the second periodic report of Finland in May 1996, the Committee welcomed the fact that it did not receive any information on allegations of torture in Finland, and took note with satisfaction of the important steps taken by the country to develop further the legislative measures relating to the implementation of the Convention. The Committee noted its concern, however, of the lack of a provision in Finland’s general laws specifically defining torture, and the absence of provisions specifically prohibiting the use of statements obtained under torture in judicial proceedings. The panel recommended Finland incorporate into its legislation a definition of torture as a specific crime, as well as the completion of the procedure for the abolition of preventive detention. Finally, the Committee recommended the establishment of an independent agency to investigate offences allegedly committed by the police.
Concerning the second periodic report of Peru, considered in November 1994, the Committee listed among positive aspects the intention expressed by the delegation to submit all the reports required by international human rights organizations and to respond to all their requests. Experts were also pleased to note the approval of various items of legislation, such as that permitting procurators to visit places of detention in areas where a state of emergency has been declared. It did, however, note with serious concern the large number of complaints from both non-governmental organizations (NGOS) and international agencies or commissions indicating that torture was being used extensively in connection with the investigation of acts of terrorism and that those responsible were going unpunished. The panel recommended that the military courts should be prevented from trying civilians, and the Judicature Council and the Ombudsman should start operating as soon as possible.
Provisional Timetable for Consideration of Reports
Tuesday, 9 November
Morning Malta, second periodic report, CAT/C/29/Add.6
Wednesday, 10 November
Morning Austria, second periodic report, CAT/C/17/Add.21
Afternoon Malta (continued)
Thursday, 11 November
Morning Finland, third periodic report, CAT/C/44/Add.6
Afternoon Malta (conclusions and recommendations); Austria (continued)
Friday, 12 November
Morning Peru, third periodic report, CAT/C/39/Add.1
Afternoon Austria (conclusions and recommendations); Finland (continued)
Monday, 15 November
Morning Azerbaijan, initial report, CAT/C/37/Add.3
Afternoon Finland (conclusions and recommendations); Peru (continued)
Tuesday, 16 November
Morning Kyrgyzstan, initial report, CAT/C/42/Add.1
Afternoon Peru (conclusions and recommendations); Azerbaijan (continued)
Wednesday, 17 November
Morning Uzbekistan, initial report, CAT/C/32/Add.3
Afternoon Azerbaijan (conclusions and recommendations); Kyrgyzstan (continued)
Thursday, 18 November
Morning Kyrgyzstan (conclusions and recommendations)
Afternoon Uzbekistan (continued)
Friday, 19 November
Morning Uzbekistan (conclusions and recommendations)
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 118 States: Afghanistan, Albania, Algeria, Antigua and Barbuda, Argentina, Armenia, Australia, Austria, Azerbaijan, Bangladesh, Belarus, Belgium, Belize, Benin, Bolivia, Bosnia and Herzegovina, Brazil, Bulgaria, Burkina Faso, 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, Georgia, Germany, Greece, Guatemala, Guinea, Guyana, Honduras, Hungary, Iceland, Indonesia, Israel, Italy, Japan, Jordan, Kazakstan, Kenya, Kuwait, Kyrgyzstan, Latvia, 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, Republic of Korea, Romania, Russian Federation, Saudi Arabia, Senegal, Seychelles, Slovak Republic, Slovenia, Somalia, South Africa, Spain, Sri Lanka, Sweden, Switzerland, Tajikistan, Turkmenistan, the Former Yugoslav Republic of Macedonia, Togo, Tunisia, Turkey, Uganda, Ukraine, United Kingdom, United States, Uruguay, Uzbekistan, Venezuela, Yemen, Yugoslavia and Zambia.
The following 40 States have recognized the competence of the Committee under articles 21 and 22: Algeria, Argentina, Australia, Austria, Bulgaria, Canada, Croatia, Cyprus, Czech Republic, Denmark, Ecuador, Finland, France, 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 have recognized the competence of the Committee under article 21 only.
The Commission on Human Rights, at its fifty-fourth session, invited States parties to the Convention to make the declarations under articles 21 and 22. It also invited parties to envisage withdrawing their reservations to article 20.
Other United Nations Activities Against Torture
In addition to preventive measures, the United Nations has taken action to come to the aid of torture victims. In 1981 the General Assembly set up the United Nations Voluntary Trust Fund for Victims of Torture. At its last session, the Commission on Human Rights appealed to all governments, organizations and individuals in a position to do so to contribute to the Fund in order to allow it to respond to the constantly increasing number of requests for assistance. On the same day, 17 April 1998, the Commission extended the mandate of its Special Rapporteur on Torture, encouraging all governments to envisage inviting him to visit their countries.
The Commission also requested the working group charged with elaborating a draft optional protocol to the Convention against Torture to continue its work with a view to achieving a definitive and concrete text. The draft optional protocol would establish a system of inspection visits to places of detention. The Chairman of the Committee and the Special Rapporteur were requested to participate in the proceedings of the working group.
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); Antonio Silva Henriques Gaspar (Portugal); Alejandro Gonzalez Poblete (Chile); Bent Sorensen (Denmark); Alexander M. Yakovlev (Russian Federation); Yu Mengja (China); Ada Polajnar-Pavcnik (Slovenia); and Andreas V. Mavrommatis (Cyprus).
Mr. Burns is Chairman. Vice-Chairpersons are Mr. Camara, Mr. Gonzalez Poblete and Mr. Yu Mengja. Mr. Sorensen is Rapporteur.