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10 May 2000
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CAT
24th Session
10 May 2000
Afternoon
Hears Response of El Salvador to Questions from Committee Experts
The Committee against Torture this afternoon offered its conclusions and recommendations on the report of Paraguay by urging the Government to speed up the appointment of the Ombudsman which has been delayed for four years.
The Committee appreciated the efforts of the Government of Paraguay to punish crimes of torture committed under the former dictatorship which ruled the country between 1954 and 1989.
Also this afternoon, the Committee heard the response of El Salvador to questions raised yesterday. The delegation of El Salvador told the Committee that the activities of the death-squads which had assassinated a number of people had stopped since the peace agreements were signed in 1992.
Paraguay and El Salvador are among the 119 States parties to the Convention against Torture and Other Cruel or Degrading Treatment or Punishment, and as such they are obligated to submit periodic reports to the Committee on the efforts they made in the implementation of the provisions of the treaty. In both cases, a Government delegation was on hand to present the reports.
The delegation of El Salvador will return at 3 p.m. on Friday, 12 May, to hear the Committee's conclusions and recommendations on its report.
When the Committee reconvenes at 10 a.m. on Thursday, 11 May, it will take up the third periodic report of the Netherlands.
Conclusions and Recommendations on Report of Paraguay
In its conclusions and recommendations on the report of Paraguay, the Committee said the report was not prepared in conformity with the guidelines of the Committee with regard to the submission of periodic reports. However, during the consideration of the report, the Paraguayan delegation had provided comprehensive information which substituted the report's deficiencies.
The Committee welcomed the new penal code and the gradual reforms introduced to the penal procedural code which would enable the State to better fulfil its obligations under the Convention. Among the new measures introduced to the penal code was the universal jurisdiction of torture committed abroad. The appropriate condemnation of the crime of torture committed by the former dictatorial regime was also welcomed. The educational and training programmes on the new penal code provided to law enforcing personnel was also appreciated.
The Committee expressed concern that the appointment of the Ombudsman has been delayed for the last four years; that torture was not defined under the country's legislation, and that the new penal code did not include basic elements of torture as defined in the Convention; that acts of torture continued in police stations and in the armed forces concerning ill-treatment of recruits; and about the lack of programmes for the rehabilitation of victims of torture as described in the Convention.
It recommended that the Ombudsman be appointed; that the definition of torture in the penal code be made to reflect article 1 of the Convention; and that the legal rights of victims of torture to rehabilitation and compensation be recognized.
In brief comments on the Committee's conclusions and recommendations, the delegation of Paraguay said the insufficiency of the report was due to the problems faced by the State, like having to defend democracy from the threats faced by the country, and because of lack of time. It appreciated the recognition by the Committee of some of the positive aspects of the report and said the appointment of the Ombudsman by the country's Senate would soon be known.
Response of El Salvador
In response to queries put by the Committee's experts during their consideration of the report of El Salvador yesterday morning, the members of the delegation said that the omission in providing responses to the declaration under articles 21 and 22 regarding the recognition of the Committee's competence to receive complaints of violations of individual rights under the Convention was not deliberate. The delegation would bring the issue to the attention of the national authorities for their consideration.
The delegation said that in order to avoid any conflict in the definition of torture and the application of the law, strict application was exercised. Although the definition was still not in conformity with article 1 of the Convention, with the juridical reforms, its definition would be improved.
With regard to extradition, the delegation said that there was no specific law on the expulsion, return or extradition of a person to another State, however, the legislative body was preparing a draft law on migration, refugees and foreigners. The law might be a response to article 3 of the Convention which stipulated that no State party should extradite or return a person to another State where there were substantial grounds for believing that he would be in danger of being subjected to torture.
In addition to the various activities undertaken by the Government of El Salvador in the field of human rights, the United Nations Development Programme was collaborating with the Government in its programme to strengthen the monitoring and investigating technics of the Procurator for Human Rights Defence.
Responding to a question on the activities of the death-squads, the delegation said that their activities had virtually disappeared since the signing of the peace agreements in 1992. The death-squads were a method of social-cleansing which targeted certain groups of the society, but with the progressive development of democracy and the respect for human rights, it had been stopped. Nevertheless, in 1996, a criminal situation was created with the set up of a group calling itself "Black Shadow" which assassinated delinquents and thieves. Later, with the capture of the group leader and the members, the situation had returned to normal.
The delegation said that the recruitment criteria and the quality of members of the police had been raised and that training courses had been provided to those already in service. The national police general inspectorate evaluated annually the consciousness of the police officers in the respect of human rights. The European Union and the Office of the High Commissioner for Human Rights had been cooperative in the training of the police and their human rights teachings.
With regard to detainees, the delegation said that in order to ensure they were not ill-treated and tortured, either in police custody or in prison, a monitoring mechanism had been set up. At least 10 penitentiary judges had been engaged in monitoring prison conditions and by doing so they received oral or written complaints from prisoners.
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24th Session
10 May 2000
Afternoon
Hears Response of El Salvador to Questions from Committee Experts
The Committee against Torture this afternoon offered its conclusions and recommendations on the report of Paraguay by urging the Government to speed up the appointment of the Ombudsman which has been delayed for four years.
The Committee appreciated the efforts of the Government of Paraguay to punish crimes of torture committed under the former dictatorship which ruled the country between 1954 and 1989.
Also this afternoon, the Committee heard the response of El Salvador to questions raised yesterday. The delegation of El Salvador told the Committee that the activities of the death-squads which had assassinated a number of people had stopped since the peace agreements were signed in 1992.
Paraguay and El Salvador are among the 119 States parties to the Convention against Torture and Other Cruel or Degrading Treatment or Punishment, and as such they are obligated to submit periodic reports to the Committee on the efforts they made in the implementation of the provisions of the treaty. In both cases, a Government delegation was on hand to present the reports.
The delegation of El Salvador will return at 3 p.m. on Friday, 12 May, to hear the Committee's conclusions and recommendations on its report.
When the Committee reconvenes at 10 a.m. on Thursday, 11 May, it will take up the third periodic report of the Netherlands.
Conclusions and Recommendations on Report of Paraguay
In its conclusions and recommendations on the report of Paraguay, the Committee said the report was not prepared in conformity with the guidelines of the Committee with regard to the submission of periodic reports. However, during the consideration of the report, the Paraguayan delegation had provided comprehensive information which substituted the report's deficiencies.
The Committee welcomed the new penal code and the gradual reforms introduced to the penal procedural code which would enable the State to better fulfil its obligations under the Convention. Among the new measures introduced to the penal code was the universal jurisdiction of torture committed abroad. The appropriate condemnation of the crime of torture committed by the former dictatorial regime was also welcomed. The educational and training programmes on the new penal code provided to law enforcing personnel was also appreciated.
The Committee expressed concern that the appointment of the Ombudsman has been delayed for the last four years; that torture was not defined under the country's legislation, and that the new penal code did not include basic elements of torture as defined in the Convention; that acts of torture continued in police stations and in the armed forces concerning ill-treatment of recruits; and about the lack of programmes for the rehabilitation of victims of torture as described in the Convention.
It recommended that the Ombudsman be appointed; that the definition of torture in the penal code be made to reflect article 1 of the Convention; and that the legal rights of victims of torture to rehabilitation and compensation be recognized.
In brief comments on the Committee's conclusions and recommendations, the delegation of Paraguay said the insufficiency of the report was due to the problems faced by the State, like having to defend democracy from the threats faced by the country, and because of lack of time. It appreciated the recognition by the Committee of some of the positive aspects of the report and said the appointment of the Ombudsman by the country's Senate would soon be known.
Response of El Salvador
In response to queries put by the Committee's experts during their consideration of the report of El Salvador yesterday morning, the members of the delegation said that the omission in providing responses to the declaration under articles 21 and 22 regarding the recognition of the Committee's competence to receive complaints of violations of individual rights under the Convention was not deliberate. The delegation would bring the issue to the attention of the national authorities for their consideration.
The delegation said that in order to avoid any conflict in the definition of torture and the application of the law, strict application was exercised. Although the definition was still not in conformity with article 1 of the Convention, with the juridical reforms, its definition would be improved.
With regard to extradition, the delegation said that there was no specific law on the expulsion, return or extradition of a person to another State, however, the legislative body was preparing a draft law on migration, refugees and foreigners. The law might be a response to article 3 of the Convention which stipulated that no State party should extradite or return a person to another State where there were substantial grounds for believing that he would be in danger of being subjected to torture.
In addition to the various activities undertaken by the Government of El Salvador in the field of human rights, the United Nations Development Programme was collaborating with the Government in its programme to strengthen the monitoring and investigating technics of the Procurator for Human Rights Defence.
Responding to a question on the activities of the death-squads, the delegation said that their activities had virtually disappeared since the signing of the peace agreements in 1992. The death-squads were a method of social-cleansing which targeted certain groups of the society, but with the progressive development of democracy and the respect for human rights, it had been stopped. Nevertheless, in 1996, a criminal situation was created with the set up of a group calling itself "Black Shadow" which assassinated delinquents and thieves. Later, with the capture of the group leader and the members, the situation had returned to normal.
The delegation said that the recruitment criteria and the quality of members of the police had been raised and that training courses had been provided to those already in service. The national police general inspectorate evaluated annually the consciousness of the police officers in the respect of human rights. The European Union and the Office of the High Commissioner for Human Rights had been cooperative in the training of the police and their human rights teachings.
With regard to detainees, the delegation said that in order to ensure they were not ill-treated and tortured, either in police custody or in prison, a monitoring mechanism had been set up. At least 10 penitentiary judges had been engaged in monitoring prison conditions and by doing so they received oral or written complaints from prisoners.
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