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17 May 2000
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CAT
24th Session
17 May 2000
Afternoon
The Committee against Torture this afternoon gave its conclusions and recommendations on an initial report of Slovenia, expressing its concern with regard to allegations about instances of police ill-treatment and excessive use of force by police against members of the Roma population, which had reportedly resulted in severe injuries in some instances.
In its recommendations, the Committee urged Slovenia to take all necessary measures, as a matter of priority, to ensure that asylum-seekers were housed in conditions that complied with the requirements of the Convention against Torture and Other Cruel or Degrading Treatment or Punishment.
As one of the 119 States parties to the Convention against Torture, Slovenia must submit summaries of its activities relating to the implementation of the treaty.
Also this afternoon, the Committee discussed issues pertaining to the establishment of a working group charged with determining the subjects susceptible to come under the Committee's general observations and to prepare conclusions. It also discussed setting up a working group to screen communications before the Committee was seized to consider them in accordance with articles 21 and 22 of the Convention, under which States parties recognized the competence of the Committee to receive such communications.
The Committee will continue this afternoon's debate when it meets in public session at 3 p.m. on Thursday, 18 May, and it is expected to conclude its three-week session on Friday, 19 May.
Conclusions and Recommendations on Report of Slovenia
In its conclusions and recommendations, the Committee found as positive aspects that when ratifying the Convention on 15 April 1993, Slovenia did not make a reservation under article 20 and made the declarations under articles 21 and 22 of the Convention; that the Constitution of the State party provided for a broad range of norms protecting human rights and fundamental freedoms, including the prohibition of torture; and that it had received on information about alleged perpetration of torture, as defined in article 1 of the Convention, in the State party. It welcomed the establishment of the special institution of the Ombudsman for the protection of human rights and noted with interest its effective and responsible work; and noted with satisfaction that the legislative provisions guaranteed the exclusion of evidence from the record in cases where it was obtained in violation of human rights and basic freedoms, among other things.
Among its concerns, the Committee noted the information provided in the report that in order to allow for the sanctioning of crimes of torture, "special transformation into Slovenia's positive criminal law" of the definition of torture, contained in article 1 of the Convention, was needed. The Committee further noted that the new Law on the Enforcement of Criminal Sanctions, which introduced a new definition of torture, came into force on 23 March 2000. However, the Committee was concerned that such a definition had not been introduced into the criminal code and that substantive criminal law did not yet contain a specific corpus deliciti of torture and therefore was not an instrument for direct incrimination and appropriate punishment of persons guilty of torture.
Further, the Committee expressed its concern with regard to allegations about instances of police ill-treatment and excessive use of force by police against members of the Roma population, which had reportedly resulted in severe injuries in some instances; concern was also expressed regarding allegations about the excessive use of force by the police in connection with arrests; and it was concerned about the sub-standard conditions in which asylum-seekers were housed in Slovenia.
Although the Committee welcomed the incorporation of a definition of torture, in accordance with article 1 of the Convention, into the domestic law relating to the enforcement of criminal sanctions, it recommended that Slovenia should incorporate the definition also in the substantive criminal law; that it take necessary steps to prevent the misuse of force by the police against members of the Roma population and other minorities, particularly in connection with arrests and detention; that Slovenia consider amending the legislation which permitted the expulsion of an alien to a country where he or she would be in danger of being tortured, i.e. expulsion justified by the individual being a threat to public security, so that it met the conditions required by article 3 of the Convention; and as a matter of priority, the Committee urged the State party to take all necessary measures to ensure that asylum-seekers were housed in conditions that complied with the requirements of article 16 of the Convention.
The representative of Slovenia thanked the members of the Committee for their conclusions and recommendations and assured them that they would be transmitted to the Government of Slovenia.
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24th Session
17 May 2000
Afternoon
The Committee against Torture this afternoon gave its conclusions and recommendations on an initial report of Slovenia, expressing its concern with regard to allegations about instances of police ill-treatment and excessive use of force by police against members of the Roma population, which had reportedly resulted in severe injuries in some instances.
In its recommendations, the Committee urged Slovenia to take all necessary measures, as a matter of priority, to ensure that asylum-seekers were housed in conditions that complied with the requirements of the Convention against Torture and Other Cruel or Degrading Treatment or Punishment.
As one of the 119 States parties to the Convention against Torture, Slovenia must submit summaries of its activities relating to the implementation of the treaty.
Also this afternoon, the Committee discussed issues pertaining to the establishment of a working group charged with determining the subjects susceptible to come under the Committee's general observations and to prepare conclusions. It also discussed setting up a working group to screen communications before the Committee was seized to consider them in accordance with articles 21 and 22 of the Convention, under which States parties recognized the competence of the Committee to receive such communications.
The Committee will continue this afternoon's debate when it meets in public session at 3 p.m. on Thursday, 18 May, and it is expected to conclude its three-week session on Friday, 19 May.
Conclusions and Recommendations on Report of Slovenia
In its conclusions and recommendations, the Committee found as positive aspects that when ratifying the Convention on 15 April 1993, Slovenia did not make a reservation under article 20 and made the declarations under articles 21 and 22 of the Convention; that the Constitution of the State party provided for a broad range of norms protecting human rights and fundamental freedoms, including the prohibition of torture; and that it had received on information about alleged perpetration of torture, as defined in article 1 of the Convention, in the State party. It welcomed the establishment of the special institution of the Ombudsman for the protection of human rights and noted with interest its effective and responsible work; and noted with satisfaction that the legislative provisions guaranteed the exclusion of evidence from the record in cases where it was obtained in violation of human rights and basic freedoms, among other things.
Among its concerns, the Committee noted the information provided in the report that in order to allow for the sanctioning of crimes of torture, "special transformation into Slovenia's positive criminal law" of the definition of torture, contained in article 1 of the Convention, was needed. The Committee further noted that the new Law on the Enforcement of Criminal Sanctions, which introduced a new definition of torture, came into force on 23 March 2000. However, the Committee was concerned that such a definition had not been introduced into the criminal code and that substantive criminal law did not yet contain a specific corpus deliciti of torture and therefore was not an instrument for direct incrimination and appropriate punishment of persons guilty of torture.
Further, the Committee expressed its concern with regard to allegations about instances of police ill-treatment and excessive use of force by police against members of the Roma population, which had reportedly resulted in severe injuries in some instances; concern was also expressed regarding allegations about the excessive use of force by the police in connection with arrests; and it was concerned about the sub-standard conditions in which asylum-seekers were housed in Slovenia.
Although the Committee welcomed the incorporation of a definition of torture, in accordance with article 1 of the Convention, into the domestic law relating to the enforcement of criminal sanctions, it recommended that Slovenia should incorporate the definition also in the substantive criminal law; that it take necessary steps to prevent the misuse of force by the police against members of the Roma population and other minorities, particularly in connection with arrests and detention; that Slovenia consider amending the legislation which permitted the expulsion of an alien to a country where he or she would be in danger of being tortured, i.e. expulsion justified by the individual being a threat to public security, so that it met the conditions required by article 3 of the Convention; and as a matter of priority, the Committee urged the State party to take all necessary measures to ensure that asylum-seekers were housed in conditions that complied with the requirements of article 16 of the Convention.
The representative of Slovenia thanked the members of the Committee for their conclusions and recommendations and assured them that they would be transmitted to the Government of Slovenia.
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