Welcome to the United Nations 
OHCHR 
Press releases Treaty bodies
Default title
09 May 2000
Share
CAT
24th Session
9 May 2000
Morning
Adopts Joint Declaration on United Nations Day in Support
of Victims of Torture
The Committee against Torture this morning started its consideration of an initial report presented by a Government delegation from El Salvador which said that the country was marching on the right track toward respect for human rights.
Introducing the report of El Salvador, Jose Roberto Mejia Trabanino, a Counsellor on human rights at the General Direction of Foreign Policy of El Salvador, said his country had ratified the Convention against Torture only two years after the signing of the peace agreement in 1992 which had terminated 12 years of armed conflict in the country. Under the agreement, El Salvador had to initiate a democratic process in which the protection of human rights were entrenched.
Alejandro Gonzalez Poblete, the Committee expert who served as rapporteur to the report of El Salvador, put a number of questions to the delegation and cited cases of acquittal judgements handed down by courts on cases involving bodily harm. He also asked why torture was not specifically defined to conform with the provisions of the Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment.
The co-rapporteur to the report, Antonio Silva Henriques Gaspar, and other Committee experts also raised questions on the practical implementation of the law on compensation for victims of torture and the right of suspects under police custody to consult a medical doctor.
The delegation of El Salvador also included Victor Manuel Lagos Pizzati, Permanent Representative of El Salvador to the Untied Nations Office at Geneva; Romeo Melara Granillo, General Inspector of National Civil Police; and Mario Castro Grande, Minister-Counsellor at the Permanent Mission of El Salvador.
As one of the 119 States parties to the Convention against Torture, El Salvador must submit periodic reports to the Committee on its efforts to put the treaty into effect. The delegation will give its response to the questions raised by the Committee tomorrow afternoon.
The Committee also issued a joint declaration on the United Nations Day in Support of Victims of Torture, along with the Board of Trustees of the Voluntary Fund for Victims of Torture, the Special Rapporteur of the Commission on Human Rights on questions relating to torture, and the United Nations High Commissioner for Human Rights.
When the Committee reconvenes at 5 p.m., it will offer its conclusions and recommendations on the report of China.
Report of El Salvador
The initial report of El Salvador (document CAT/C/37/Add.4) enumerates the measures taken by the Government to implement the provisions of the Convention against Torture. It says that El Salvador is in the middle of a process of profound institutional and legal change as a result of the signing of the Peace Agreements, which allowed the armed conflict to end by means of negotiation and the conditions for strengthening democracy to be established. These changes have helped to bring about a favourable situation in which it is possible to envisage the total elimination of the practice of torture and cruel, inhuman or degrading treatment or punishment in El Salvador.
The report further says that there have been considerable changes in the protection of human rights under the Constitution and other laws, as a result of the adoption of reforms of the guarantees of due process and the protection of the rights of detainees. One of the most important institutional achievements of the Peace Agreements was the establishment of the Office of the Procurator for the Protection of Human Rights.
Introduction of Report
VICTOR MANUEL LAGOS PIZZATI, Permanent Representative of El Salvador to the United Nations Office at Geneva, introduced the delegation, saying that the his Government would cooperate with the Committee in all circumstances and the delegation was also willing to provide any information so desired by the members of the Committee.
JOSE ROBERTO MEJIA TRABANINO, Counsellor on human rights at the General Direction of Foreign Policy of El Salvador, said his country had ratified the Convention against Torture only two years after the signing of the peace agreement in 1992, which had terminated 12 years of armed conflict in the country. Under the agreement, El Salvador had to initiate a democratic process in which the protection of human rights was entrenched.
In matters of human rights respect, the country now felt a difference for the better after violence and armed conflict for 12 years, Mr. Trabanino went on to state. The fundamental freedoms and human rights of citizens had been violated during those years, in which various kinds of torture had been inflicted on them. Nevertheless, as it had been attested to by the Special Representative of the Commission on Human Rights, there was no institutionalized practice of torture in the country. The country was marching on the right track toward respect for human rights.
Mr. Trabanino continued to say that since the signing of the peace agreement in 1992, a series of reforms had taken place with regard to juridical and political institutions, and new legislation designed for the respect and promotion of human rights had come to effect. With the assistance of the Office of the High Commissioner for Human Rights, in the field of technical cooperation and advisory services, the Government of El Salvador had taken additional measures in the field of respect for human rights.
El Salvador was a party to the principal international human rights instruments of which the Convention against Torture was one. It had also signed regional conventions on human rights issues. In addition, Salvadorian legislation prohibited the use of torture, but no specification of torture was made yet, except that the right to life and respect for personal integrity were already defined.
In conclusion, Mr. Trabanino said that his Government was fully aware of the need to extend human rights teachings among the law enforcement forces, including the police and the penitential personnel.
Discussion
ALEJANDRO GONZALEZ POBLETE, the Committee expert who served as rapporteur to the report of El Salvador, said the report had been due in 1997 but the delay could be understood in the context of the country's situation. The report had given a list of all international human rights instruments ratified by El Salvador. El Salvador had ratified the Convention against Torture in 1994, and had assumed the obligation to implement its provisions.
In connection to domestic legislation, article 144 of the Constitution defined the Convention's position in the judicial hierarchy. In case of conflict the international instruments would take precedence. What constituted torture was not however mentioned in the legal system. Torture was defined and specified by law and was prohibited under the law.
Salvadorian criminal law had described certain cases of torture which might exclude severe bodily harm and which might not be consistent with the Convention's definition. Mr. Gonzalez Poblete said he wanted to know the view of the delegation concerning conflict of the definition of torture which might not correspond to the punishment handed down by the judges.
With regard to article 2 of the Convention, which was the obligation of a State to take effective, administrative, judicial or other measures to prevent acts of torture in any territory under its jurisdiction, El Salvador was asked the measures it had taken to implement that obligation. The peace agreement signed at San Jose in 1992 provided for the establishment of the office of the procurator general for the defence of human rights.
Citing cases of acquittal judgements by courts, which involved bodily harm, Mr. Gonzalez Poblete said that despite medical certification of the wounds inflicted on the individuals, the cases had been dismissed. He invited the Government to look into the matter so as not allow impunity to prevail. He also alluded to cases of deaths committed by a death-squad still operating in the country, and at least one death case which was attributed to the civil police.
ANTONIO SILVA HENRIQUES GASPAR, the Committee expert who served as co-rapporteur to the report of El Salvador, asked if judges had the right to visit prisons, receive complaints, and propose measures to be taken by the prison authorities; and he wondered why the police inspectorate had more independent power. Referring to article 14, in which the State party was obliged to ensure in its legal system that the victim of an act of torture obtained redress and had an enforceable right to fair trial and adequate compensation, he asked the delegation if that was put in practice. He also asked about the modalities by which victims of torture lodged complaints.
Other Committee experts also asked the delegation if a suspect under police custody had the right to medical examination while in detention; if the alternative measure for pre-trial detention was effective; if the measure had effect on prison overcrowding; if there were cases of torture in prisons; and the whereabouts of victims of trafficking, among other things.
JOINT DECLARATION ON UNITED NATIONS DAY
IN SUPPORT OF VICTIMS OF TORTURE
26 JUNE 2000
In the joint declaration, which was signed by the Committee against Torture, the Board of Trustees of the Voluntary Fund for Victims of Torture, the Special Rapporteur of the Commission on Human Rights on questions relating to torture, and the United Nations High Commissioner for Human Rights, the signatories urged all States to become parties to the United Nations Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment without reservation, if they had not already done; urged States parties to the Convention that had not yet accepted its optional provision to do so as soon as possible; called on all States to become parties to the Rome Statute of the International Criminal Court, adopted on 17 July 1998, as a matter of priority; urged all States to ensure that torture was a crime in their domestic law and to rigorously pursue perpetrators whenever and wherever the act was committed and to bring them to justice; and drew the attention of States to the principles on the effective investigation and documentation of torture and other cruel, inhuman or degrading treatment or punishment, endorsed by the Commission on Human Rights in it resolution 2000/43 of 29 April 2000.
The signatories also urged all Sates to provide for adequate compensation and rehabilitation of the victims of torture in their domestic law; appealed to all governments, organizations and individuals to contribute generously to the United Nations Voluntary Fund for Victims of Torture, if possible on a regular basis, keeping in mind the increasing demand for medical, psychological, social, humanitarian and legal assistance to victims of torture and members of their families worldwide; urged all States to cooperate fully with the United Nations Special Rapporteur on Torture in fulfilling his mandate; and called upon all Governments, United Nations bodies, programmes, funds and agencies, as well as relevant inter-governmental and non-governmental organizations, to commemorate the United Nations International Day in Support of Victims of Torture.
* *** *
24th Session
9 May 2000
Morning
Adopts Joint Declaration on United Nations Day in Support
of Victims of Torture
The Committee against Torture this morning started its consideration of an initial report presented by a Government delegation from El Salvador which said that the country was marching on the right track toward respect for human rights.
Introducing the report of El Salvador, Jose Roberto Mejia Trabanino, a Counsellor on human rights at the General Direction of Foreign Policy of El Salvador, said his country had ratified the Convention against Torture only two years after the signing of the peace agreement in 1992 which had terminated 12 years of armed conflict in the country. Under the agreement, El Salvador had to initiate a democratic process in which the protection of human rights were entrenched.
Alejandro Gonzalez Poblete, the Committee expert who served as rapporteur to the report of El Salvador, put a number of questions to the delegation and cited cases of acquittal judgements handed down by courts on cases involving bodily harm. He also asked why torture was not specifically defined to conform with the provisions of the Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment.
The co-rapporteur to the report, Antonio Silva Henriques Gaspar, and other Committee experts also raised questions on the practical implementation of the law on compensation for victims of torture and the right of suspects under police custody to consult a medical doctor.
The delegation of El Salvador also included Victor Manuel Lagos Pizzati, Permanent Representative of El Salvador to the Untied Nations Office at Geneva; Romeo Melara Granillo, General Inspector of National Civil Police; and Mario Castro Grande, Minister-Counsellor at the Permanent Mission of El Salvador.
As one of the 119 States parties to the Convention against Torture, El Salvador must submit periodic reports to the Committee on its efforts to put the treaty into effect. The delegation will give its response to the questions raised by the Committee tomorrow afternoon.
The Committee also issued a joint declaration on the United Nations Day in Support of Victims of Torture, along with the Board of Trustees of the Voluntary Fund for Victims of Torture, the Special Rapporteur of the Commission on Human Rights on questions relating to torture, and the United Nations High Commissioner for Human Rights.
When the Committee reconvenes at 5 p.m., it will offer its conclusions and recommendations on the report of China.
Report of El Salvador
The initial report of El Salvador (document CAT/C/37/Add.4) enumerates the measures taken by the Government to implement the provisions of the Convention against Torture. It says that El Salvador is in the middle of a process of profound institutional and legal change as a result of the signing of the Peace Agreements, which allowed the armed conflict to end by means of negotiation and the conditions for strengthening democracy to be established. These changes have helped to bring about a favourable situation in which it is possible to envisage the total elimination of the practice of torture and cruel, inhuman or degrading treatment or punishment in El Salvador.
The report further says that there have been considerable changes in the protection of human rights under the Constitution and other laws, as a result of the adoption of reforms of the guarantees of due process and the protection of the rights of detainees. One of the most important institutional achievements of the Peace Agreements was the establishment of the Office of the Procurator for the Protection of Human Rights.
Introduction of Report
VICTOR MANUEL LAGOS PIZZATI, Permanent Representative of El Salvador to the United Nations Office at Geneva, introduced the delegation, saying that the his Government would cooperate with the Committee in all circumstances and the delegation was also willing to provide any information so desired by the members of the Committee.
JOSE ROBERTO MEJIA TRABANINO, Counsellor on human rights at the General Direction of Foreign Policy of El Salvador, said his country had ratified the Convention against Torture only two years after the signing of the peace agreement in 1992, which had terminated 12 years of armed conflict in the country. Under the agreement, El Salvador had to initiate a democratic process in which the protection of human rights was entrenched.
In matters of human rights respect, the country now felt a difference for the better after violence and armed conflict for 12 years, Mr. Trabanino went on to state. The fundamental freedoms and human rights of citizens had been violated during those years, in which various kinds of torture had been inflicted on them. Nevertheless, as it had been attested to by the Special Representative of the Commission on Human Rights, there was no institutionalized practice of torture in the country. The country was marching on the right track toward respect for human rights.
Mr. Trabanino continued to say that since the signing of the peace agreement in 1992, a series of reforms had taken place with regard to juridical and political institutions, and new legislation designed for the respect and promotion of human rights had come to effect. With the assistance of the Office of the High Commissioner for Human Rights, in the field of technical cooperation and advisory services, the Government of El Salvador had taken additional measures in the field of respect for human rights.
El Salvador was a party to the principal international human rights instruments of which the Convention against Torture was one. It had also signed regional conventions on human rights issues. In addition, Salvadorian legislation prohibited the use of torture, but no specification of torture was made yet, except that the right to life and respect for personal integrity were already defined.
In conclusion, Mr. Trabanino said that his Government was fully aware of the need to extend human rights teachings among the law enforcement forces, including the police and the penitential personnel.
Discussion
ALEJANDRO GONZALEZ POBLETE, the Committee expert who served as rapporteur to the report of El Salvador, said the report had been due in 1997 but the delay could be understood in the context of the country's situation. The report had given a list of all international human rights instruments ratified by El Salvador. El Salvador had ratified the Convention against Torture in 1994, and had assumed the obligation to implement its provisions.
In connection to domestic legislation, article 144 of the Constitution defined the Convention's position in the judicial hierarchy. In case of conflict the international instruments would take precedence. What constituted torture was not however mentioned in the legal system. Torture was defined and specified by law and was prohibited under the law.
Salvadorian criminal law had described certain cases of torture which might exclude severe bodily harm and which might not be consistent with the Convention's definition. Mr. Gonzalez Poblete said he wanted to know the view of the delegation concerning conflict of the definition of torture which might not correspond to the punishment handed down by the judges.
With regard to article 2 of the Convention, which was the obligation of a State to take effective, administrative, judicial or other measures to prevent acts of torture in any territory under its jurisdiction, El Salvador was asked the measures it had taken to implement that obligation. The peace agreement signed at San Jose in 1992 provided for the establishment of the office of the procurator general for the defence of human rights.
Citing cases of acquittal judgements by courts, which involved bodily harm, Mr. Gonzalez Poblete said that despite medical certification of the wounds inflicted on the individuals, the cases had been dismissed. He invited the Government to look into the matter so as not allow impunity to prevail. He also alluded to cases of deaths committed by a death-squad still operating in the country, and at least one death case which was attributed to the civil police.
ANTONIO SILVA HENRIQUES GASPAR, the Committee expert who served as co-rapporteur to the report of El Salvador, asked if judges had the right to visit prisons, receive complaints, and propose measures to be taken by the prison authorities; and he wondered why the police inspectorate had more independent power. Referring to article 14, in which the State party was obliged to ensure in its legal system that the victim of an act of torture obtained redress and had an enforceable right to fair trial and adequate compensation, he asked the delegation if that was put in practice. He also asked about the modalities by which victims of torture lodged complaints.
Other Committee experts also asked the delegation if a suspect under police custody had the right to medical examination while in detention; if the alternative measure for pre-trial detention was effective; if the measure had effect on prison overcrowding; if there were cases of torture in prisons; and the whereabouts of victims of trafficking, among other things.
JOINT DECLARATION ON UNITED NATIONS DAY
IN SUPPORT OF VICTIMS OF TORTURE
26 JUNE 2000
In the joint declaration, which was signed by the Committee against Torture, the Board of Trustees of the Voluntary Fund for Victims of Torture, the Special Rapporteur of the Commission on Human Rights on questions relating to torture, and the United Nations High Commissioner for Human Rights, the signatories urged all States to become parties to the United Nations Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment without reservation, if they had not already done; urged States parties to the Convention that had not yet accepted its optional provision to do so as soon as possible; called on all States to become parties to the Rome Statute of the International Criminal Court, adopted on 17 July 1998, as a matter of priority; urged all States to ensure that torture was a crime in their domestic law and to rigorously pursue perpetrators whenever and wherever the act was committed and to bring them to justice; and drew the attention of States to the principles on the effective investigation and documentation of torture and other cruel, inhuman or degrading treatment or punishment, endorsed by the Commission on Human Rights in it resolution 2000/43 of 29 April 2000.
The signatories also urged all Sates to provide for adequate compensation and rehabilitation of the victims of torture in their domestic law; appealed to all governments, organizations and individuals to contribute generously to the United Nations Voluntary Fund for Victims of Torture, if possible on a regular basis, keeping in mind the increasing demand for medical, psychological, social, humanitarian and legal assistance to victims of torture and members of their families worldwide; urged all States to cooperate fully with the United Nations Special Rapporteur on Torture in fulfilling his mandate; and called upon all Governments, United Nations bodies, programmes, funds and agencies, as well as relevant inter-governmental and non-governmental organizations, to commemorate the United Nations International Day in Support of Victims of Torture.
* *** *