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16 November 1999
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HR/CAT/99/38
16 November 1999
COMMITTEE AGAINST TORTURE MAKES RECOMMENDATIONS TO PERU
Also Hears Responses to Questions It Asked Delegation From Azerbaijan
The Committee against Torture this afternoon noted positive steps taken by the Government of Peru to implement the provisions against Torture and other Cruel, Inhuman or Degrading Treatment or Punishment, including the policy of placing the crime of aggravated treason within the jurisdiction of the civil courts. However, it noted with concern continuing, numerous allegations of torture and the lack of an independent judiciary in the country.
Peter Burns, who served as rapporteur to the report, noted several points with satisfaction, including the inclusion of torture as a crime, which had been adopted in broad conformity with the Convention. He also cited a gradual withdrawal of the state of emergency laws from most of the country, and the declared intention to lift them completely in the 2000.
However, the Committee also expressed various points of concern, including the continued use of military courts to try civilians, and an apparent lack of effective investigation and prosecution of those who were accused of having committed acts of torture. The Committee made a number of recommendations, including a reiteration of those made at the conclusion of previous reports presented by Peru. Among additional recommendations was a request that the special regime that applies to convicted terrorists be reviewed, which, the experts concluded, in certain cases, may amount to torture itself.
The Committee emphasized the State party should return jurisdiction from military courts to civil courts in all matters concerning civilians.
The Committee also heard responses from Fikret Mammedov, Deputy Prosecutor-General from Azerbaijan, on a variety of subjects, including conditions in detention, prison regimes and medical care; training of guards and the police; the illegality of evidence obtained while using methods of torture; and the procedure for compensating victims of torture.
Alexander Yakovlev, the Committee's rapporteur to the report, congratulated Mr. Mammedov for his excellent presentation which, he said, gave much more information than the written report. The fact only the court decided on the arrest of a person was a most welcome reform. On the other hand, there had been a substantial amount of information about impunity. The new legislation had to be really applied; when the laws became an obstacle to abuse, he said, there would be no more talk of impunity.
The Committee returns to open session Wednesday, 17 November, at 10 a.m. to consider the initial report of Uzbekistan.
Conclusions and Recommendations on the Report of Peru
The Committee welcomed the submission of the third periodic report of Peru, which corresponded generally with the Committee's guidelines concerning the form and content of reports, as well as the continuing dialogue with the experienced representatives of the State party, including the introductory oral information given by the delegation.
The Committee noted several positive aspects: the adoption of a crime of torture, in broad conformity with the Convention; the policy of placing the crime of aggravated treason within the jurisdiction of the civil courts; the comprehensive programme of education undertaken in all branches of the civil and armed forces to raise awareness of human rights obligations, in particular the prohibition against torture; the gradual withdrawal of the state of emergency laws from most of the country and the declared intention to lift them completely in 2000; the establishment of the office of the Ombudsman; the creation of a national registry of Detainees and the Persons Sentenced to a Custodial Penalty which is publicly accessible; the creation of the Ad Hoc National Commission on Pardons; the reduction of complaints of maltreatment by persons in custody over recent years.
The Committee noted with concern: the continued numerous allegations of torture; the lack of "independence" of those members of the judiciary who had no security of tenure; the period of incommunicado in pre-trail detention for persons suspected of terrorism; the use of military courts to try civilians; the automatic penalty of at least one year of solitary confinement for anyone convicted of terrorism; the apparent lack of effective investigation and prosecution of those accused of torture; the use of the amnesty laws, which precluded prosecution of alleged torturers; the maintenance in some parts of the country of emergency laws; the special prison regime applicable in particular to convicted terrorist leaders; and the failure to keep a practice register of persons who claim they had been tortured.
The Committee reiterated the importance of carrying out the recommendations it made in previous reports including: the State party expedite reforms to establish a State genuinely founded on the rule of law; laws which undermined the independence of the judiciary be repealed, while taking into account there should be an independent process for the selection of judges; the State party should ensure victims of torture or other cruel, inhuman or degrading treatment and their legal successors should receive redress, compensation and rehabilitation in all circumstances.
The Committee also recommended that: the State party ensure vigorous investigation and, where appropriate, prosecution of all reported instances of alleged torture and ill-treatment by civil or military authorities; the period of pre-trial incommunicado detention should be abolished as should be the automatic period of solitary confinement for person convicted of terrorist offences; amnesty laws should exclude torture from their reach; the special regime that applied to convicted terrorists should be reviewed in order to gradually abolish the virtual isolation and other restrictions that may in certain cases amount to torture as defined in the Convention; and a national registry of persons claiming to be victims of torture be established.
The Committee once again emphasized the State party should return jurisdiction from military to civil courts in all matters concerning civilians.
Response from Azerbaijan
FIKRET MAMMEDOV, Deputy Prosecutor-General, expressed his thanks to the Committee for its attention and concern. With regard to a request for statistics, a clear trend had been observed that the number of arrests in Azerbaijan had been reduced. He then presented a series of statistics concerning the numbers of arrests during the past several years.
He said there was a new law to deal with complaints about incidents that happened in court. In prison, any detainee was immediately given a medical examination; a report was added to his file which noted his state of health and any history of disease or other medical problems. A doctor provided appropriate medical assistance; for consultations, specialists were provided from outside.
Concerning compliance with time limits for cases under consideration by the court, he said he had studied the situation in many countries during the reform process. Even in some European countries people were detained for very long periods when trials were going on. Azerbaijan, he believed, had a favourable record in this area.
There was a statute that prohibited the use of evidence obtained as a result of torture, Mr. Mammedov said. If it was established that evidence was obtained illegally, that was considered grounds for overturning the sentence.
He also addressed the case of Eldar Agayev, who was accused of deliberate murder, banditry and other crimes. The court sentenced him to seven years in prison. Under his complaint, the Supreme Court overturned the case and sent it back for additional investigation. During the investigation, additional evidence of his guilt was obtained and his case was, once again, sent to court. He was then found guilty and again sentenced to seven years. Mr. Agayev again challenged the decision; the high court returned the case with the instruction to investigate and obtain further evidence. However, this was not possible, and his case was terminated this year due to insufficient evidence. On a number of occasions, he was subjected to a medical examination. Mr. Mammedov said that justice had triumphed and the case was terminated.
He then presented a lengthy discussion of the process of selecting and training people who worked with prisoners and detainees. The curriculum in the Ministry of Internal Affairs was prepared with the participation of foreign colleagues. A number of lectures and seminars were given on human rights, including four hours devoted to the Convention against Torture.
Mr. Mammedov said his delegation was shocked to learn from Dr. Sorensen that some doctors practiced torture. He said this did not exist in Azerbaijan, this only existed in cases where torture was an instrument of the State. He pointed to parts of the Constitution which banned illegal medical research or experimentation on detained persons, saying this was a defenseless part of the population and their rights needed to be strictly defended. Also on the medical side, there had been decrees to improve medical care and resources to prisoners.
Prison inspections and cooperation with NGOs and the International Committee of the Red Cross concerned another group of responses. He said they had close links with a number of NGOs -- both local and international -- who made regular visits to prisons and prisoners. Compared to the way things were under the Soviet system, conditions in prison had improved. Improvements were limited by the resources of the Government. Cooperation with the ICRC had included a number of visits to prisoners -- including prisoners of war who were subsequently swapped with the Armenian side. This took place with the cooperation of the Red Cross, he said. A meeting with the Red Cross would take place tomorrow in Geneva. There were also regular meetings with Amnesty International. This was further evidence of the cooperation between the government and NGOs.
Concerning the banishment of the citizens of Azerbaijan, he said it seemed to be a misunderstanding that this still happened. It was used in pre-independence times and it had been stopped.
Addressing a question from yesterday about a group of 34 people who had been arrested, 24 of whom alleged torture, he said the violence came about during the interruption of illegal activities. The arrested people had been examined, and only minor injuries were found on two of them. On the other hand, several police officers in this incident received quite serious injuries. The entire incident was investigated.
Speaking about an incident where journalists was injured in a police station, Mr. Mammedov said the journalists went to the station to request information, and something happened in which the police officer used violence against the journalists. The journalists brought action against the police, and it was investigated. But it was not possible to prove guilt, and the case was closed. The case was opened again and the decision was overturned. An additional investigation was scheduled, but the case was not successful and the case was closed again.
Discussion
ALEXANDER YAKOVLEV, the Committee's rapporteur to the report, congratulated Mr. Mammedov for his excellent presentation which gave much more information than the written report. He said the fact that only the court decided on the arrest of a person was the closest procedure to habeas corpus and was a major shift away from the previous procedures during Soviet times. The court itself may allow or not allow arrest, regardless of a complaint by the accused. He said, on the other hand, there had been a substantial amount of information about impunity. It was difficult to change work habits in the routines of the police, and it was difficult to obtain a new relationship between detainees and the police. The new legislation has to be applied. When the laws became an obstacle to abuse, there will be no more talk of impunity. The courts must be truly independent, he said. He welcomed efforts for a truly independent judiciary; this information had not been reflected in the report.
BENT SORENSEN, co-rapporteur, also welcomed the remarks of the delegation and asked for further information about police training.
HR/CAT/99/38
16 November 1999
COMMITTEE AGAINST TORTURE MAKES RECOMMENDATIONS TO PERU
Also Hears Responses to Questions It Asked Delegation From Azerbaijan
The Committee against Torture this afternoon noted positive steps taken by the Government of Peru to implement the provisions against Torture and other Cruel, Inhuman or Degrading Treatment or Punishment, including the policy of placing the crime of aggravated treason within the jurisdiction of the civil courts. However, it noted with concern continuing, numerous allegations of torture and the lack of an independent judiciary in the country.
Peter Burns, who served as rapporteur to the report, noted several points with satisfaction, including the inclusion of torture as a crime, which had been adopted in broad conformity with the Convention. He also cited a gradual withdrawal of the state of emergency laws from most of the country, and the declared intention to lift them completely in the 2000.
However, the Committee also expressed various points of concern, including the continued use of military courts to try civilians, and an apparent lack of effective investigation and prosecution of those who were accused of having committed acts of torture. The Committee made a number of recommendations, including a reiteration of those made at the conclusion of previous reports presented by Peru. Among additional recommendations was a request that the special regime that applies to convicted terrorists be reviewed, which, the experts concluded, in certain cases, may amount to torture itself.
The Committee emphasized the State party should return jurisdiction from military courts to civil courts in all matters concerning civilians.
The Committee also heard responses from Fikret Mammedov, Deputy Prosecutor-General from Azerbaijan, on a variety of subjects, including conditions in detention, prison regimes and medical care; training of guards and the police; the illegality of evidence obtained while using methods of torture; and the procedure for compensating victims of torture.
Alexander Yakovlev, the Committee's rapporteur to the report, congratulated Mr. Mammedov for his excellent presentation which, he said, gave much more information than the written report. The fact only the court decided on the arrest of a person was a most welcome reform. On the other hand, there had been a substantial amount of information about impunity. The new legislation had to be really applied; when the laws became an obstacle to abuse, he said, there would be no more talk of impunity.
The Committee returns to open session Wednesday, 17 November, at 10 a.m. to consider the initial report of Uzbekistan.
Conclusions and Recommendations on the Report of Peru
The Committee welcomed the submission of the third periodic report of Peru, which corresponded generally with the Committee's guidelines concerning the form and content of reports, as well as the continuing dialogue with the experienced representatives of the State party, including the introductory oral information given by the delegation.
The Committee noted several positive aspects: the adoption of a crime of torture, in broad conformity with the Convention; the policy of placing the crime of aggravated treason within the jurisdiction of the civil courts; the comprehensive programme of education undertaken in all branches of the civil and armed forces to raise awareness of human rights obligations, in particular the prohibition against torture; the gradual withdrawal of the state of emergency laws from most of the country and the declared intention to lift them completely in 2000; the establishment of the office of the Ombudsman; the creation of a national registry of Detainees and the Persons Sentenced to a Custodial Penalty which is publicly accessible; the creation of the Ad Hoc National Commission on Pardons; the reduction of complaints of maltreatment by persons in custody over recent years.
The Committee noted with concern: the continued numerous allegations of torture; the lack of "independence" of those members of the judiciary who had no security of tenure; the period of incommunicado in pre-trail detention for persons suspected of terrorism; the use of military courts to try civilians; the automatic penalty of at least one year of solitary confinement for anyone convicted of terrorism; the apparent lack of effective investigation and prosecution of those accused of torture; the use of the amnesty laws, which precluded prosecution of alleged torturers; the maintenance in some parts of the country of emergency laws; the special prison regime applicable in particular to convicted terrorist leaders; and the failure to keep a practice register of persons who claim they had been tortured.
The Committee reiterated the importance of carrying out the recommendations it made in previous reports including: the State party expedite reforms to establish a State genuinely founded on the rule of law; laws which undermined the independence of the judiciary be repealed, while taking into account there should be an independent process for the selection of judges; the State party should ensure victims of torture or other cruel, inhuman or degrading treatment and their legal successors should receive redress, compensation and rehabilitation in all circumstances.
The Committee also recommended that: the State party ensure vigorous investigation and, where appropriate, prosecution of all reported instances of alleged torture and ill-treatment by civil or military authorities; the period of pre-trial incommunicado detention should be abolished as should be the automatic period of solitary confinement for person convicted of terrorist offences; amnesty laws should exclude torture from their reach; the special regime that applied to convicted terrorists should be reviewed in order to gradually abolish the virtual isolation and other restrictions that may in certain cases amount to torture as defined in the Convention; and a national registry of persons claiming to be victims of torture be established.
The Committee once again emphasized the State party should return jurisdiction from military to civil courts in all matters concerning civilians.
Response from Azerbaijan
FIKRET MAMMEDOV, Deputy Prosecutor-General, expressed his thanks to the Committee for its attention and concern. With regard to a request for statistics, a clear trend had been observed that the number of arrests in Azerbaijan had been reduced. He then presented a series of statistics concerning the numbers of arrests during the past several years.
He said there was a new law to deal with complaints about incidents that happened in court. In prison, any detainee was immediately given a medical examination; a report was added to his file which noted his state of health and any history of disease or other medical problems. A doctor provided appropriate medical assistance; for consultations, specialists were provided from outside.
Concerning compliance with time limits for cases under consideration by the court, he said he had studied the situation in many countries during the reform process. Even in some European countries people were detained for very long periods when trials were going on. Azerbaijan, he believed, had a favourable record in this area.
There was a statute that prohibited the use of evidence obtained as a result of torture, Mr. Mammedov said. If it was established that evidence was obtained illegally, that was considered grounds for overturning the sentence.
He also addressed the case of Eldar Agayev, who was accused of deliberate murder, banditry and other crimes. The court sentenced him to seven years in prison. Under his complaint, the Supreme Court overturned the case and sent it back for additional investigation. During the investigation, additional evidence of his guilt was obtained and his case was, once again, sent to court. He was then found guilty and again sentenced to seven years. Mr. Agayev again challenged the decision; the high court returned the case with the instruction to investigate and obtain further evidence. However, this was not possible, and his case was terminated this year due to insufficient evidence. On a number of occasions, he was subjected to a medical examination. Mr. Mammedov said that justice had triumphed and the case was terminated.
He then presented a lengthy discussion of the process of selecting and training people who worked with prisoners and detainees. The curriculum in the Ministry of Internal Affairs was prepared with the participation of foreign colleagues. A number of lectures and seminars were given on human rights, including four hours devoted to the Convention against Torture.
Mr. Mammedov said his delegation was shocked to learn from Dr. Sorensen that some doctors practiced torture. He said this did not exist in Azerbaijan, this only existed in cases where torture was an instrument of the State. He pointed to parts of the Constitution which banned illegal medical research or experimentation on detained persons, saying this was a defenseless part of the population and their rights needed to be strictly defended. Also on the medical side, there had been decrees to improve medical care and resources to prisoners.
Prison inspections and cooperation with NGOs and the International Committee of the Red Cross concerned another group of responses. He said they had close links with a number of NGOs -- both local and international -- who made regular visits to prisons and prisoners. Compared to the way things were under the Soviet system, conditions in prison had improved. Improvements were limited by the resources of the Government. Cooperation with the ICRC had included a number of visits to prisoners -- including prisoners of war who were subsequently swapped with the Armenian side. This took place with the cooperation of the Red Cross, he said. A meeting with the Red Cross would take place tomorrow in Geneva. There were also regular meetings with Amnesty International. This was further evidence of the cooperation between the government and NGOs.
Concerning the banishment of the citizens of Azerbaijan, he said it seemed to be a misunderstanding that this still happened. It was used in pre-independence times and it had been stopped.
Addressing a question from yesterday about a group of 34 people who had been arrested, 24 of whom alleged torture, he said the violence came about during the interruption of illegal activities. The arrested people had been examined, and only minor injuries were found on two of them. On the other hand, several police officers in this incident received quite serious injuries. The entire incident was investigated.
Speaking about an incident where journalists was injured in a police station, Mr. Mammedov said the journalists went to the station to request information, and something happened in which the police officer used violence against the journalists. The journalists brought action against the police, and it was investigated. But it was not possible to prove guilt, and the case was closed. The case was opened again and the decision was overturned. An additional investigation was scheduled, but the case was not successful and the case was closed again.
Discussion
ALEXANDER YAKOVLEV, the Committee's rapporteur to the report, congratulated Mr. Mammedov for his excellent presentation which gave much more information than the written report. He said the fact that only the court decided on the arrest of a person was the closest procedure to habeas corpus and was a major shift away from the previous procedures during Soviet times. The court itself may allow or not allow arrest, regardless of a complaint by the accused. He said, on the other hand, there had been a substantial amount of information about impunity. It was difficult to change work habits in the routines of the police, and it was difficult to obtain a new relationship between detainees and the police. The new legislation has to be applied. When the laws became an obstacle to abuse, there will be no more talk of impunity. The courts must be truly independent, he said. He welcomed efforts for a truly independent judiciary; this information had not been reflected in the report.
BENT SORENSEN, co-rapporteur, also welcomed the remarks of the delegation and asked for further information about police training.