Committee against Torture to hold forty-fifth session in Geneva from 1 to 19 November 2010

BACKGROUND RELEASE

28 October 2010

Experts to Consider Reports of Bosnia and Herzegovina, Cambodia, Ecuador, Ethiopia, Mongolia and Turkey

The Committee against Torture will meet at the Palais Wilson in Geneva from 1 to 19 November 2010 to examine measures adopted by Bosnia and Herzegovina, Cambodia, Ecuador, Ethiopia, Mongolia and Turkey to prevent and punish acts of torture. Representatives of the six countries are expected to come before the Committee to discuss national efforts to implement the rights enshrined in the Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment.

At the first meeting, which starts on Monday, 1 November at 10:30 a.m., the Committee will hear an update on developments in human rights and other areas of concern to the Committee by a representative of the Secretary-General and adopt its agenda and programme of work for the session.

During the course of its three-week session, in addition to examining the situation in the six countries cited, the Committee will consider follow-up to reports provided by States parties to their respective concluding observations. It will also consider, in closed meetings, information appearing to contain well-founded indications that torture is systematically being practised in some States parties, as well as complaints from individuals claiming to be victims of a violation by a State party of the provisions of the Convention. The Committee will also meet in private session with representatives of non-governmental organizations from States whose reports are being considered at this session.

On the morning of Tuesday, 2 November, the Committee will hold a public meeting regarding the Istanbul Protocol, a set of international guidelines for the assessment of persons who allege torture and ill treatment, for investigating cases of alleged torture, and for reporting such findings to the judiciary and any other investigative body. On the last day of the session, Friday, 19 November, the Committee will make public its concluding observations on the reports examined during the session, and will decide on the States parties’ reports to be examined at its 47th session in November 2011. The reports to be examined at the 46th session are indicated on the Committee’s webpage at (http://www.ohchr.org/EN/HRBodies/CAT/Pages/CATIndex.aspx).

Bosnia and Herzegovina is presenting its second through fifth periodic reports; Cambodia is presenting its second periodic report; Ecuador is presenting its fourth through sixth periodic reports; Ethiopia and Mongolia are both presenting their initial reports; and Turkey is presenting its third periodic report. With regard to reports previously presented by these countries, the Committee's conclusions and recommendations can be found in the following documents: for the initial report of Bosnia and Herzegovina, considered in 2005, see CAT/C/BIH/CO/1; regarding the initial report of Cambodia, examined by the Committee in 2003, see CAT/C/CR/31/7; for the third periodic report of Ecuador, examined in 2005, see CAT/C/ECU/CO/3; and concerning the second periodic report of Turkey, considered in 2003, see CAT/C/CR/30/5.

Previous concluding observations of the Committee can be accessed on the Office of the United Nations High Commissioner for Human Rights Website document search page. For further information, including links to the reports to be considered at this session and the programme of work, please see the Committee’s Web page for the current session.

Background on the Convention and the Committee

The Convention, adopted unanimously by the General Assembly in 1984, entered into force on 26 June 1987. States parties to the Convention are required to outlaw torture and are explicitly prohibited from using "higher orders" or "exceptional circumstances" as excuses for acts of torture. The Convention introduced two significant new elements to the United Nations fight against torture: first, it specifies that alleged torturers may be tried in any State party or they may be extradited to face trial in the State party where their crimes were committed; secondly, under article 20, it provides for investigation of reliable reports of torture, including visits to the State party concerned, with its agreement, if the Committee receives reliable information, which appears to contain well-founded indications, that torture is being systematically practised in the territory of a State party.

Under article 21, a State party to the Convention may at any time declare that it recognizes the competence of the Committee to receive and consider communications to the effect that a State party claims that another State party is not fulfilling its obligations under the Convention.

Under article 22, a State party to the Convention may at any time declare that it recognizes the competence of the Committee to receive and consider communications from, or on behalf of, individuals subject to its jurisdiction who claim to be victims of a violation by a State party of the provisions of the Convention.

The Convention has been ratified or acceded to by the following 147 States: Afghanistan, Albania, Algeria, Andorra, Antigua and Barbuda, Argentina, Armenia, Australia, Austria, Azerbaijan, Bahrain, Bangladesh, Belarus, Belgium, Belize, Benin, Bolivia, Bosnia and Herzegovina, Botswana, Brazil, Bulgaria, Burkina Faso, Burundi, Cambodia, Cameroon, Canada, Cape Verde, Chad, Chile, China, Colombia, Congo, Costa Rica, Côte d'Ivoire, Croatia, Cuba, Cyprus, Czech Republic, Democratic Republic of the Congo, Denmark, Djibouti, Ecuador, Egypt, El Salvador, Equatorial Guinea, Estonia, Ethiopia, Finland, France, Gabon, Georgia, Germany, Ghana, Greece, Guatemala, Guinea, Guyana, Holy See, Honduras, Hungary, Iceland, Indonesia, Ireland, Israel, Italy, Japan, Jordan, Kazakhstan, Kenya, Kuwait, Kyrgyzstan, Latvia, Lebanon, Lesotho, Liberia, Libya, Liechtenstein, Lithuania, Luxembourg, Madagascar, Malawi, Maldives, Mali, Malta, Mauritania, Mauritius, Mexico, Moldova, Monaco, Mongolia, Montenegro, Morocco, Mozambique, Namibia, Nepal, the Netherlands, New Zealand, Nicaragua, Niger, Nigeria, Norway, Pakistan, Panama, Paraguay, Peru, Philippines, Poland, Portugal, Qatar, Republic of Korea, Romania, Russian Federation, Rwanda, Saint Vincent and the Grenadines, San Marino, Saudi Arabia, Senegal, Serbia, Seychelles, Sierra Leone, Slovakia, Slovenia, Somalia, South Africa, Spain, Sri Lanka, Swaziland, Sweden, Switzerland, Syrian Arab Republic, Tajikistan, Thailand, The Former Yugoslav Republic of Macedonia, Timor-Leste, Togo, Tunisia, Turkey, Turkmenistan, Uganda, Ukraine, United Kingdom, United States, Uruguay, Uzbekistan, Venezuela, Yemen and Zambia.

The following 56 States have recognized the competence of the Committee under articles 21 and 22: Algeria, Andorra, Argentina, Australia, Austria, Belgium, Bolivia, Bosnia and Herzegovina, Bulgaria, Cameroon, Canada, Chile, Costa Rica, Croatia, Cyprus, Czech Republic, Denmark, Ecuador, Finland, France, Georgia, Germany, Ghana, Greece, Hungary, Iceland, Ireland, Italy, Kazakhstan, Liechtenstein, Luxembourg, Malta, Monaco, Montenegro, Netherlands, New Zealand, Norway, Paraguay, Peru, Poland, Portugal, Russian Federation, Senegal, Serbia, Slovakia, Slovenia, South Africa, Spain, Sweden, Switzerland, Togo, Tunisia, Turkey, Ukraine, Uruguay and Venezuela.

In addition, Japan, Uganda, the United Kingdom and the United States of America have recognized the competence of the Committee under article 21 only. Azerbaijan, Bosnia and Herzegovina, Brazil, Burundi, Guatemala, Mexico, Morocco, and Seychelles have recognized the competence of the Committee under article 22 only.

Optional Protocol to the Convention against Torture

The Optional Protocol to the Convention against Torture, which entered into force on 22 June 2006, established a system of regular visits by independent bodies to places where persons are or may be deprived of their liberty, in order to prevent torture and other forms of ill-treatment. The Optional Protocol’s innovative two-pillar approach relies on an international body, the Subcommittee on Prevention of Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment (SPT), which is a panel of 10 Experts, as well as national bodies (national preventive mechanisms – NPMs), which must be established or designated by each State party. The twelfth meeting of the Subcommittee on Prevention of Torture will be held from 15 to 19 November 2010.

As of today, 57 States have ratified or acceded to the Optional Protocol, which will lead to the increase of the membership of the Subcommittee to 25 Experts. The election of the 15 additional members will be held in October 2010, with the 25 members starting their first session in February 2011. The following States have ratified the Optional Protocol: Albania, Argentina, Armenia, Azerbaijan, Benin, Bolivia, Bosnia and Herzegovina, Brazil, Burkina Faso, Cambodia, Chile, Costa Rica, Croatia, Cyprus, Czech Republic, Democratic Republic of the Congo, Denmark, Ecuador, Estonia, France, Gabon, Georgia, Germany, Guatemala, Honduras, Kazakhstan, Kyrgyzstan, Lebanon, Liberia, Liechtenstein, Luxembourg, Maldives, Mali, Malta, Mauritius, Mexico, Montenegro, the Netherlands, New Zealand, Nicaragua, Nigeria, Paraguay, Peru, Poland, Republic of Moldova, Romania, Senegal, Serbia, Slovenia, Spain, Sweden, Switzerland, the former Yugoslav Republic of Macedonia, Togo, Ukraine, United Kingdom of Great Britain and Northern Ireland and Uruguay.

Other United Nations Activities against Torture

In addition to preventive measures, the United Nations has taken action to come to the aid of torture victims. In 1981 the General Assembly set up the United Nations Voluntary Trust Fund for Victims of Torture. The Commission on Human Rights, and now the Human Rights Council, repeatedly appeal to all Governments, organizations and individuals in a position to do so to contribute to the Fund in order to allow it to respond to the constantly increasing number of requests for assistance.

In accordance with article 26 of the Optional Protocol to the Convention Against Torture, a Special Fund has been set up to help finance the implementation of the recommendations made by the SPT after its visit to a State party, as well as education programmes of the National Preventive Mechanisms.

The United Nations Commission on Human Rights, in resolution 1985/33, decided to appoint an independent expert, a Special Rapporteur, to examine questions relevant to torture and other cruel, inhuman or degrading treatment or punishment. The mandate, which has subsequently been extended by the Human Rights Council, covers all countries, irrespective of whether a State has ratified the Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment. The mandate comprises three main activities: transmitting urgent appeals to States with regard to individuals reported to be at risk of torture, as well as communications on past alleged cases of torture; undertaking fact-finding country visits; and submitting annual reports on activities, the mandate and methods of work to the Human Rights Council and the General Assembly.

Membership and Officers

The Committee's members are elected by the States parties to the Convention and serve in their personal capacity. The current members of the Committee are: Essadia Belmir (Morocco); Alessio Bruni (Italy); Felice Gaer (the United States); Luis Gallegos Chiriboga (Ecuador); Abdoulaye Gaye (Senegal); Claudio Grossman (Chile); Myrna Y. Kleopas (Cyprus); Fernando Mariño Menendez (Spain); Nora Sveaass (Norway); and Xuexian Wang (China).

Mr. Grossman is the Committee Chairperson; Ms. Belmir, Ms. Gaer, and Mr. Wang are Vice-Chairpersons; and Ms. Sveaass is the Rapporteur.

Provisional Timetable for Consideration of Reports

In ratifying or acceding to the Convention, States are obliged to submit reports on the measures they have taken to implement its provisions. States are invited to send representatives to attend the meetings during which their reports are considered. For this session, the Committee has drawn up the following provisional timetable for the consideration of reports:

Monday, 1 November

Morning Opening of Session, Adoption of Agenda, Organizational and other Matters

Tuesday, 2 November

Morning Istanbul Protocol

Afternoon Ethiopia: initial report (CAT/C/ETH/1)

Wednesday, 3 November

Morning Ethiopia: continued

Afternoon Turkey: third periodic report (CAT/C/TUR/3)

Thursday, 4 November

Morning Turkey: continued

Afternoon Bosnia and Herzegovina: second to fifth periodic reports (CAT/C/BIH/2-5)

Friday, 5 November

Morning Bosnia and Herzegovina: continued

Afternoon Mongolia: initial report (CAT/C/MNG/1)

Monday, 8 November

Morning: Mongolia: continued

Afternoon Ecuador: fourth to sixth periodic reports (CAT/C/ECU/4-6)

Tuesday, 9 November

Morning Ecuador: continued

Afternoon Cambodia: second periodic report (CAT/C/KHM/2)

Wednesday, 10 November

Morning Cambodia: continued

Friday, 19 November

Morning Programme of work for future sessions, press conference at the Palais des Nations

__________

For use of the information media; not an official record