Committee against Torture to hold fifty-fourth session in Geneva from 20 April to 15 May

Committee against Torture
BACKGROUND RELEASE

16 April 2015 

Committee to Consider Eight Reports: New Zealand, Congo, Romania, Luxembourg, Spain, Serbia, Colombia and The former Yugoslav Republic of Macedonia

The Committee against Torture will meet at the Palais Wilson in Geneva from 20 April to 15 May 2015 to examine measures adopted by New Zealand, Congo, Romania, Luxembourg, Spain, Serbia, Colombia and The former Yugoslav Republic of Macedonia to prevent and punish acts of torture.  Representatives of those 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. 

The fifty-fourth session of the Committee against Torture will open at 10 a.m. on Monday, 20 April with an address by a representative of the High Commissioner for Human Rights.  In that meeting the Committee will adopt its agenda and discuss organizational matters.  The consideration of the eight country reports, which will be webcast live, will take place on the following dates: New Zealand (21 to 22 April), Congo (22 to 23 April), Romania (23 to 24 April), Luxembourg (27 to 28 April), Spain (28 to 29 April), Serbia (29 to 30 April), Colombia (30 Apr to 1 May) and The former Yugoslav Republic of Macedonia (4 to 5 May).  A detailed schedule with links to the reports and related documentation can be found below.

During the session the Committee will also meet with States parties to the Convention, the Subcommittee on the Prevention of Torture, and the Board of Trustees of the United Nations Voluntary Fund for Victims of Torture.  The International Rehabilitation Council for Torture Victims (IRCT) will brief the Committee on the right to rehabilitation.  The Committee will discuss reprisals, and follow-up activities under Articles 19 and 22 of the Convention.  The Committee will also meet in public with non-governmental organizations to discuss general issues related to the Convention, and in private with non-governmental organizations and national human rights institutions from States under consideration during the session.  The Committee will also meet in private to consider communications, including information alleging that torture was systematically being practised in some States parties, and complaints from individuals claiming to be victims of violations to the provisions of the Convention by a State party. 

A press conference has been tentatively scheduled for  12.30 p.m. on Friday, 15 May at which Committee Members will discuss their concluding observations on the reports reviewed, which will be published here following the closing of the session later that day. 

The public meetings will be webcast live here: http://www.treatybodywebcast.org.  Detailed meeting coverage can be found in English and French on the United Nations Information Service Geneva’s webpage and further information, including documentation and the programme of work, is available on the Committee’s webpage for the session.

Reports, Lists of Issues, previous recommendations
 
Links to the eight States party reports under consideration during the session can be found below, as well as links to the Committee’s lists of issues prior to reporting and its concluding observations and recommendations on previous reports (where relevant), in order of review. 

New Zealand is presenting its sixth periodic report (CAT/C/NZL/6).  The Committee’s list of issues prior to reporting (CAT/C/NZL/Q/6) can be found in and its concluding observations and recommendations on the fifth periodic report, which was considered in  May 2009, can be found in (CAT/C/NZL/CO/5).

Congo is presenting its initial report (CAT/C/COG/1). 

Romania is presenting  its second periodic report (CAT/C/ROU/2).  The Committee’s list of issues prior to reporting can be found in (CAT/C/ROM/Q/2) and its concluding observations and recommendations on the fifth periodic report, which was considered in  May 1999, is referenced in (CAT/C/ROM/CO/2).

Luxembourg is presenting its combined sixth and seventh periodic reports (CAT/C/LUX/6-7).  The Committee’s list of issues prior to reporting can be found in (CAT/C/LUX/Q/6-7) and its concluding observations and recommendations on the fifth periodic report, which was considered in  May 2007, can be found in (CAT/C/LUX/CO/5).

Spain is presenting its sixth periodic report (CAT/C/ESP/6).  The Committee’s list of issues prior to reporting can be found in (CAT/C/ESP/Q/6) and its concluding observations and recommendations on the fifth periodic report, which was considered in  November 2009, can be found in (CAT/C/ESP/CO/5).

Serbia is presenting its second periodic report (CAT/C/SRB/2).  The Committee’s list of issues prior to reporting can be found in (CAT/C/SRB/Q/2) and its concluding observations and recommendations on the  initial report, which was considered in  November 2008, can be found in (CAT/C/SRB/CO/1).

Colombia is presenting its fifth periodic report (CAT/C/COL/5).  The Committee’s list of issues prior to reporting can be found in (CAT/C/COL/Q/5) and its concluding observations and recommendations on the  fourth periodic report, which was considered in  November 2009, can be found in (CAT/C/COL/CO/4).

The former Yugoslav Republic of Macedonia is presenting its third periodic report (CAT/C/MKD/3).  The Committee’s list of issues prior to reporting can be found in (CAT/C/MKD/Q/3) and its concluding observations and recommendations on the  second periodic report, which was considered in May 2008, can be found in (CAT/C/MKD/CO/2).

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 no "exceptional circumstances" maybe invoked as a justification for acts of torture nor "higher orders" could be an excuse for perpetrators.  The Convention introduced two significant new elements to the United Nations fight against torture: first, it specifies that alleged torturers shall be tried in a State party if not  extradited to face trial in another State, therefore ensuring that there are no safe havens for perpetrators of acts of torture who shall not escape justice; secondly, under article 20, it provides for an inquiry, including a visit 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 practiced in the territory of that 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 157 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, Dominican Republic, Ecuador, Egypt, El Salvador, Equatorial Guinea, Eritrea, Estonia, Ethiopia, Finland, France, Gabon, Georgia, Germany, Ghana, Greece, Guatemala, Guinea, Guinea-Bissau, Guyana, Holy See, Honduras, Hungary, Iceland, Indonesia, Ireland, Israel, Italy, Iraq, Japan, Jordan, Kazakhstan, Kenya, Kuwait, Kyrgyzstan, Lao People’s Democratic Republic, Latvia, Lebanon, Lesotho, Liberia, Libya, Liechtenstein, Lithuania, Luxembourg, Madagascar, Malawi, Maldives, Mali, Malta, Mauritania, Mauritius, Mexico, Moldova, Monaco, Mongolia, Montenegro, Morocco, Mozambique, Namibia, Nauru, 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, State of Palestine, 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 Arab Emirates, United Kingdom, United States, Uruguay, Uzbekistan, Vanuatu, Venezuela, Viet Nam, Yemen and Zambia.

The following  13 States parties have declared that they do not recognize the competence of the Committee provided for in article 20 of the Convention: Afghanistan, China, Equatorial Guinea, Eritrea, Israel, Kuwait, Lao People's Democratic Republic, Mauritania, Pakistan, Saudi Arabia, the Syrian Arab Republic, the United Arab Emirates and Viet Nam.

The following 58 States have recognized the competence of the Committee under articles 21 and 22:  Algeria, Andorra, Argentina, Australia, Austria, Belgium, Bolivia,  Bulgaria, Cameroon, Canada, Chile, Costa Rica, Croatia, Cyprus, Czech Republic, Denmark, Ecuador, Finland, France, Georgia, Germany, Ghana, Greece, Guinea-Bissau, Hungary, Iceland, Ireland, Italy, Kazakhstan, Liechtenstein, Luxembourg, Malta, Moldova, Monaco, Montenegro, Netherlands, New Zealand, Norway, Paraguay, Peru, Poland, Portugal, Republic of Korea, 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 composed of 25 independent Experts, as well as national bodies for the prevention of torture (national preventive mechanisms – NPMs), which must be established or designated by each State party. 

As of  13 April 2015, 77 States had ratified or acceded to the Optional Protocol to the Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment: Albania, Argentina, Armenia, Austria, Azerbaijan, Benin, Bolivia, Bosnia and Herzegovina, Brazil, Bulgaria, Burkina Faso, Burundi, Cambodia, Chile, Costa Rica, Croatia, Cyprus, Czech Republic, Democratic Republic of Congo, Denmark, Ecuador, Estonia, Finland, France, Gabon, Georgia, Germany, Greece, Guatemala, Honduras, Hungary, Italy, Kazakhstan, Kyrgyzstan, Lebanon, Liberia, Liechtenstein, Lithuania, Luxembourg, Maldives, Mali, Malta, Mauritania, Mauritius, Mexico, Mongolia, Montenegro,
Morocco, Mozambique, Nauru, Netherlands, Niger, New Zealand, Nicaragua, Nigeria, Norway, Panama, Paraguay, Peru, Philippines, Poland, Portugal, Republic of Moldova, Romania, Senegal, Serbia, Slovenia, Spain        , Sweden, Switzerland, The Former Yugoslav Republic of Macedonia, Togo, Tunisia, Turkey, Ukraine, United Kingdom 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 Subcommittee on Prevention of Torture (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, most recently in resolution 16/23, 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 of the Committee

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); Satyabhoosun Gupt Domah (Mauritius); Felice Gaer (United States); Abdoulaye Gaye (Senegal); Claudio Grossman (Chile); Jens Modvig (Denmark); Sapana Pradhan-Malla (Nepal); George Tugushi (Georgia); and Kening Zhang (China). 

Mr. Grossman is the Chairperson.  The Vice-Chairpersons are Ms. Belmir, Ms. Gaer and Mr. Tugusi.  Mr. Domah is the Rapporteur.

Timetable of Public Meetings

The public meetings, which begin at 10 a.m. and 3 p.m. Geneva time, will be webcast live and can be viewed here: http://www.treatybodywebcast.org.  The meetings will take place in the First Floor Conference Room at Palais Wilson in Geneva.   The full programme of work, including details of private meetings, is available here.

Monday, 20 April

10 a.m.         Opening of session, adoption of agenda, organizational and other matters.

3 p.m.           Closed meetings

Tuesday, 21 April

10 a.m.         Consideration of New Zealand

4.30 p.m.      Meeting with States parties

Wednesday, 22 April

10 a.m.         Consideration of Congo

3 p.m.           Replies of New Zealand

Thursday, 23 April

10 a.m.         Consideration of Romania
12 p.m.         Meeting with the Chairperson of the Sub-Committee on the Prevention of Torture and presentation of
its annual report.
3 p.m.           Replies of Congo

Friday, 24 April

10 a.m.         Meeting with non-governmental organizations

3 p.m.           Replies of Romania

Monday, 27 April

10 a.m.         Consideration of Luxembourg
3 p.m.         Closed meeting

Tuesday, 28 April

10 a.m.         Consideration of Spain
3 p.m.           Replies of Luxembourg

Wednesday, 29 April

10 a.m.         Consideration of Serbia
3 p.m.           Replies of Spain

Thursday 30 April

10 a.m.         Consideration of Colombia
3 p.m.         Replies of Serbia

Friday, 1 May

10 a.m.         Closed meeting
3 p.m.         Replies of Colombia

Monday, 4 May

10 a.m.         Consideration of The former Yugoslav Republic of Macedonia
12 p.m.         Meeting with the Board of Trustees of the United Nations Voluntary Fund for Victims of Torture
3 p.m.           Closed meeting

Tuesday, 5 May

10 a.m.         Closed meeting

3 p.m.           Replies of The former Yugoslav Republic of Macedonia

Wednesday, 6 May

10 a.m.         Closed meeting

3 p.m.           Follow-up to Articles 19 and 22 of the Convention, and reprisals

Friday, 15 May

10 a.m.         Adoption of annual report and programme of work for future sessions

12.30 p.m.    Press conference at the Palais des Nations (to be confirmed)


For more information and media requests, please contact:
Liz Throssell ethrossell@ohchr.org+ 41 22 917 9466 / + 41 79 752 04 88

To learn more about the Committee Against Torture, please visit: http://www.ohchr.org/en/treaty-bodies/cat

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