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12 May 2000
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CAT
24th Session
12 May 2000
Afternoon
Hears Response of Netherlands on Questions Raised Yesterday
The Committee against Torture this afternoon offered its conclusions and recommendations on the report presented by the Government of El Salvador on its compliance with the Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment.
The Committee recommended, among other things, that El Salvador define the crime of torture with adequate terms to bring it in line with article 1 of the Convention; and that it enact legislation which would guarantee the full rehabilitation of victims of physical and mental torture.
Also this afternoon, the Committee heard the response of the delegation of the Netherlands on questions raised by members of the Committee when the report of that country was considered yesterday morning.
El Salvador and the Netherlands are among the 119 States parties to the Convention against Torture and as such they must submit periodic reports on their efforts to implement the provisions of the treaty.
The delegation of the Netherlands will reappear before the Committee at 3 p.m. on Tuesday, 16 May, to listen to the Committee's conclusions and recommendations on its third periodic report.
When the Committee reconvenes at 3 p.m. on Monday, 15 May, it will deliver its conclusions and recommendations on the report of the United States and it will also hear the response of Slovenia.
Conclusions and Recommendations on Report of El Salvador
In its conclusions and recommendations on the initial report of El Salvador, the Committee said that the State had acceded to the Convention against Torture without any reservations, but without any declaration on articles 21 and 22, which was recognition of the Committee's competence to receive individual communications. It thanked the delegation for its constructive dialogue with the Committee.
Among positive aspects in the report, the Committee said that the acceptance by El Salvador of the Convention was in a manner that it prevailed over domestic legislation in the event of conflict between the two provisions. The enactment of the new penal code and penal procedural code had included important guarantees for the protection of human rights and fundamental freedoms of individuals, which contributed to the State party's discharge of its obligations under the Convention. The inclusion in the penal code of the prosecution of torture as part of crimes against humanity was also noted. The creation of a Procurator for the Defence of Human Rights and the activities of that institution to monitor the respect of human rights and the promotion of programmes of human rights was encouraging. The establishment of penitentiary judges, whose role was to monitor prison conditions, was also a measure to be appreciated.
The Committee expressed concern that El Salvador's legislation did not adequately define torture in line with article 1 of the Convention. Also, it expressed concern that the new penal code did not contain definitions in the spirit of the Convention; about the absence of legislation for the rights of victims of torture for just and adequate compensation by the State, and the omission of a state policy for the full rehabilitation of victims; about the absence of legislation on prohibiting the extradition, expulsion and devolution of persons to a country where they risked losing their lives or could be subjected to torture; about reports of the use of unnecessary force by police and prison guards; and about cases of extrajudicial executions that took place after the peace agreements of 1992.
The Committee recommended that El Salvador define the crime of torture with adequate terms to bring it in line with article 1 of the Convention; that it enact legislation which would guarantee the full rehabilitation of victims of physical and mental torture; that it suppress in the penal procedural code the acceptance of confession established under duress, which contravened the provisions of the Constitution; that it add a provision to the legislative system of prohibition of extraditing a person to a country where he would face torture; that it promote human rights education and continue training of the new generation on that line; that it recognize the competence of the Committee to receive individual communications; and that it submit the second periodic report by next year.
The representative of El Salvador thanked the Committee for the fruitful dialogue with the members and said the conclusions and recommendations of the Committee would be taken into consideration by the Government of El Salvador.
Response of the Netherlands
In response to questions raised by Committee experts, the Dutch delegation said that there was no legal provision which would have had the Government request the extradition of the former Chilean President Augusto Pinochet and have him tried in the Netherlands. The lack of evidence by the prosecution and his status of immunity had been factors which led to him not being prosecuted in the Netherlands. However, the Dutch authorities hoped that the Chilean authorities would do all to bring him to justice.
With regard to asylum-seekers, the delegation said that refugees who found themselves in the territory of the Netherlands with documents or certificates should go through the process established for the screening of refugees.
Concerning the perpetrators of torture, the law provided for a sentence of up to 15 years, and in the event that the torture resulted in the death of the victim, the sentence could vary from life imprisonment to 20 years in prison.
The delegation said that the incident that took place in 1999 in Rotterdam, in which the police closed neighbourhood areas for search of weapons, did not result in any form of ill-treatment. Although bodily search was applied on those persons entering the neighbourhood, the police did not mistreat anyone who was searched. The act of searching was, however, denounced by district courts.
In order to investigate past war crimes, a special team was on hand, since one year, investigating the crimes of war. Nevertheless, the team was faced by all kind of difficulties in establishing facts of the crimes because of the reluctance of victims to provide testimony. Some individuals were so traumatized that they did not want to recall their past experience, while some were threatened by their countrymen not to give testimony. However, the task of the team required perseverance and patience.
With regard to the situation in the Netherlands Antilles, the delegation from that territory said that since the Complaints Committee for Police Brutality was established, it had received a total of 84 complaints from citizens, with an average of 17 complaints a year; 65 complaints were received during the period from 1997 to April 2000.
Concerning the Aruba territory, the delegation of the Netherlands said that there had been a significant decline in the inter-prisoner violence in the prison institution due to a higher frequency of patrolling by the mobile police unit in the facilities. The more violent inmates, who refused to submit themselves to the prison regulations, who were threatening and harassing other inmates and who were continually rebelling against the prison authorities, were placed in high security cells for one month.
24th Session
12 May 2000
Afternoon
Hears Response of Netherlands on Questions Raised Yesterday
The Committee against Torture this afternoon offered its conclusions and recommendations on the report presented by the Government of El Salvador on its compliance with the Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment.
The Committee recommended, among other things, that El Salvador define the crime of torture with adequate terms to bring it in line with article 1 of the Convention; and that it enact legislation which would guarantee the full rehabilitation of victims of physical and mental torture.
Also this afternoon, the Committee heard the response of the delegation of the Netherlands on questions raised by members of the Committee when the report of that country was considered yesterday morning.
El Salvador and the Netherlands are among the 119 States parties to the Convention against Torture and as such they must submit periodic reports on their efforts to implement the provisions of the treaty.
The delegation of the Netherlands will reappear before the Committee at 3 p.m. on Tuesday, 16 May, to listen to the Committee's conclusions and recommendations on its third periodic report.
When the Committee reconvenes at 3 p.m. on Monday, 15 May, it will deliver its conclusions and recommendations on the report of the United States and it will also hear the response of Slovenia.
Conclusions and Recommendations on Report of El Salvador
In its conclusions and recommendations on the initial report of El Salvador, the Committee said that the State had acceded to the Convention against Torture without any reservations, but without any declaration on articles 21 and 22, which was recognition of the Committee's competence to receive individual communications. It thanked the delegation for its constructive dialogue with the Committee.
Among positive aspects in the report, the Committee said that the acceptance by El Salvador of the Convention was in a manner that it prevailed over domestic legislation in the event of conflict between the two provisions. The enactment of the new penal code and penal procedural code had included important guarantees for the protection of human rights and fundamental freedoms of individuals, which contributed to the State party's discharge of its obligations under the Convention. The inclusion in the penal code of the prosecution of torture as part of crimes against humanity was also noted. The creation of a Procurator for the Defence of Human Rights and the activities of that institution to monitor the respect of human rights and the promotion of programmes of human rights was encouraging. The establishment of penitentiary judges, whose role was to monitor prison conditions, was also a measure to be appreciated.
The Committee expressed concern that El Salvador's legislation did not adequately define torture in line with article 1 of the Convention. Also, it expressed concern that the new penal code did not contain definitions in the spirit of the Convention; about the absence of legislation for the rights of victims of torture for just and adequate compensation by the State, and the omission of a state policy for the full rehabilitation of victims; about the absence of legislation on prohibiting the extradition, expulsion and devolution of persons to a country where they risked losing their lives or could be subjected to torture; about reports of the use of unnecessary force by police and prison guards; and about cases of extrajudicial executions that took place after the peace agreements of 1992.
The Committee recommended that El Salvador define the crime of torture with adequate terms to bring it in line with article 1 of the Convention; that it enact legislation which would guarantee the full rehabilitation of victims of physical and mental torture; that it suppress in the penal procedural code the acceptance of confession established under duress, which contravened the provisions of the Constitution; that it add a provision to the legislative system of prohibition of extraditing a person to a country where he would face torture; that it promote human rights education and continue training of the new generation on that line; that it recognize the competence of the Committee to receive individual communications; and that it submit the second periodic report by next year.
The representative of El Salvador thanked the Committee for the fruitful dialogue with the members and said the conclusions and recommendations of the Committee would be taken into consideration by the Government of El Salvador.
Response of the Netherlands
In response to questions raised by Committee experts, the Dutch delegation said that there was no legal provision which would have had the Government request the extradition of the former Chilean President Augusto Pinochet and have him tried in the Netherlands. The lack of evidence by the prosecution and his status of immunity had been factors which led to him not being prosecuted in the Netherlands. However, the Dutch authorities hoped that the Chilean authorities would do all to bring him to justice.
With regard to asylum-seekers, the delegation said that refugees who found themselves in the territory of the Netherlands with documents or certificates should go through the process established for the screening of refugees.
Concerning the perpetrators of torture, the law provided for a sentence of up to 15 years, and in the event that the torture resulted in the death of the victim, the sentence could vary from life imprisonment to 20 years in prison.
The delegation said that the incident that took place in 1999 in Rotterdam, in which the police closed neighbourhood areas for search of weapons, did not result in any form of ill-treatment. Although bodily search was applied on those persons entering the neighbourhood, the police did not mistreat anyone who was searched. The act of searching was, however, denounced by district courts.
In order to investigate past war crimes, a special team was on hand, since one year, investigating the crimes of war. Nevertheless, the team was faced by all kind of difficulties in establishing facts of the crimes because of the reluctance of victims to provide testimony. Some individuals were so traumatized that they did not want to recall their past experience, while some were threatened by their countrymen not to give testimony. However, the task of the team required perseverance and patience.
With regard to the situation in the Netherlands Antilles, the delegation from that territory said that since the Complaints Committee for Police Brutality was established, it had received a total of 84 complaints from citizens, with an average of 17 complaints a year; 65 complaints were received during the period from 1997 to April 2000.
Concerning the Aruba territory, the delegation of the Netherlands said that there had been a significant decline in the inter-prisoner violence in the prison institution due to a higher frequency of patrolling by the mobile police unit in the facilities. The more violent inmates, who refused to submit themselves to the prison regulations, who were threatening and harassing other inmates and who were continually rebelling against the prison authorities, were placed in high security cells for one month.