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COMMISSION ON HUMAN RIGHTS 59TH SESSION, ORAL PRESENTATION BY THEO VAN BOVEN, SPECIAL RAPPORTEUR OF THE COMMISSION ON HUMAN RIGHTS ON THE QUESTION OF TORTURE
22 March 2003
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Item 11 (a) – Civil and political rights, including the question of:
torture and detention.
Mrs. Chairperson,
It is a great honour to present my second report to the Commission on Human Rights (E/CN.4/2003/68 and Addenda 1 and 2) as Special Rapporteur on torture.
This year, the main report contains a brief description of the methods of work of the anti-torture mandate with a view to enhancing cooperation with all parties concerned. The report also contains an overview of my activities as Special Rapporteur in 2002 and a revised version of the general recommendations under the mandate. This year again, I would like to encourage States to reflect upon them as a useful tool in efforts to combat torture and make every effort to follow them up and to implement them at the domestic level.
Addendum 1 of the report contains a summary of communications sent to and received from Governments regarding individual cases and general information of concern to the mandate. I have sent 294 urgent appeals and 109 letters of allegations. I have also made observations regarding a number of countries. In particular, I have noted the findings of other human rights supervisory bodies and drawn the attention to countries which have failed to provide me with replies for a number of years. Replies to allegations and urgent appeals contained in this report have since then been received from a number of States, namely Argentina, Australia, Bangladesh, Bolivia, Canada, China, Colombia, Cuba, Czech Republic, Cameroon, Egypt, Ethiopia, Greece, India, Itlaly, Jamaica, Japan, Lebanon, Malaysia, Morocco, Mexico, Myanmar, the Russian Federation, Sri Lanka, Tunisia, Turkey, Uganda, Uzbekistan, the United States, Vietnam, Yemen and Zimbabwe.
Summaries of communications sent to Governments contained in this report merely reflect the information brought to my attention by reliable sources during the period under review. Thus, no or little information regarding a country does not mean that torture and other forms of ill-treatment do not take place in this country. I would also like to reiterate that communications regarding individual cases do not constitute any judgement on my part concerning the merits of the case. In transmitting these communications, I do not associate myself with or condone in any way acts or activities of the persons on whose behalf I intervene. Nevertheless, I would like to recall that no matter how wrongly, dangerously, or even criminally a person may act, every human being is legally and morally entitled to protection on the basis of internationally recognized human rights and fundamental freedoms.
Mrs. Chairperson,
In November-December 2002, I conducted a two-week fact-finding mission to the Republic of Uzbekistan, the report of which may be found in addendum 2 to the report.
First of all, I would like to thank the Government for having invited me and for having extended its support during the mission. I was thus able to meet with a wide range of high Government officials and to visit a number of detention places. However, I regret that the mission’s terms of reference were not fully respected. Indeed, I was unable to carry out the visit to Jaslyk colony in a satisfactory and comprehensive manner and I was denied access to the National Security Service lock-up in Tashkent. Despite these serious incidents which are detailed in my report, I was able to gather sufficient information from both official and non-governmental interlocutors to form my opinion with respect to issues falling within my mandate. I note with keen expectation the intention and willingness expressed by high government officials to follow-up on my report, and in particular on the recommendations that are included therein. I also note the commitment and efforts demonstrated by vibrant sectors of civil society in the country thanks to whom I was able to meet with a large number of alleged victims and relatives thereof.
In my report, I conclude on the basis of numerous testimonies, including on deaths in custody, received during the mission that torture is systematic. I think that the pervasive and persistent nature of torture throughout the investigative process cannot be denied and should be seriously addressed by the relevant authorities. In that respect, I have made several recommendations which, I hope, will assist the authorities in their intention to put an end to the practice of torture and ill-treatment. In particular, I have drawn the attention of the Government to the lack of guarantees in the current domestic legislation that would otherwise enhance the protection of persons deprived of their liberty from abuse and violence.
I appreciate the comments received on 11 March from the competent Uzbek authorities on my report which thus initiate a dialogue on means and ways to address the issues at stake that I hope will be fruitful. These comments will be reflected in my report to next year session of the Commission. For the time being, I would like to stress a few points. In its comments, the Government refers to a new version of the Ombudsman bill which is currently under discussion and which, if approved, will extend the Ombudsman’s authority, in particular with respect to visiting places of detention, applying to officials entitled to lodge complaints and being present at court proceedings, including when held in camera. In that respect, I would like to encourage the relevant authorities to look for technical advices from the national institution team from the Office of the High Commissioner for Human Rights in undertaking this reform. With respect to access by independent non-governmental investigators, the authorities should ensure the application of the agreement signed with the International Committee of the Red Cross in January 2001 which allows this organisation to pursue its visits in accordance with its customary procedures. I am looking forward to receiving further comments from the Uzbek authorities, including on the individual cases annexed to the report. More in particular, as stated in paragraph 71 of the report, I will appreciate it if the Government of Uzbekistan will make its views known on the implementation of the recommendations, as soon as possible and not later than the 1st of July 2003.
Mrs. Chairperson,
With respect to requests for visits in situ, as referred to in my report, I wish to inform the Commission that I reiterated my interest in undertaking such visits, within the framework of my mandate, to the following countries: Algeria, Egypt, India, Indonesia, Israel, Nepal, the Russian Federation with respect to the Republic of Chechnya and Tunisia. By way of update in respect of possible missions for this year, I wish to inform the Commission that contacts have been established with the Governments of Bolivia, China, Georgia and Spain.
Mrs. Chairperson,
As requested by the Commission in its resolutions 2001/62 (paragraph 9) and 2002/38 (paragraph 13), I submit a preliminary study on the question of trade and production in equipment specifically designed to inflict torture and other cruel, inhuman or degrading treatment, its origin, destination and forms, with a view to finding the best ways to prohibit such trade and production and to combat its proliferation (see report E/CN.4/2003/69). Since the submission of this report, I note that Finland provided me with some comments on the issue.
In my report, I first draw the attention of the Commission to reference to such equipment in previous reports submitted by the Special Rapporteur. However, it was not my intention to draw up a list of all equipments and instruments whose use is deemed to be inherently cruel, inhuman or degrading, as this would have required a more in-depth research. I would like to stress that the absence of thorough, independent and impartial medical testing on short- and long-term effects poses a real problem in assessing whether a specific device is inherently cruel, inhuman or degrading. International human rights law has up to now mainly addressed the question of the circumstances in which such equipment may be used. It stipulates that force should only be used when strictly necessary and should be used in a manner proportionate to what is necessary to achieve a legitimate objective (principle of proportionality). In the report, I note a number of initiatives taken at the national and regional levels to prevent the trade and production in equipment specifically designed to inflict torture and other forms of ill-treatment. I hope to be in a position next year to establish a set of best practices, in particular of monitoring mechanisms to control the respect for trade and production regulations, be they national or international. I believe in the necessity of keeping the study ongoing and expect that the Commission will continue to request me to keep this issue under consideration.
Mrs. Chairperson,
As reflected in my main report, I attach a great importance to follow-up activities and I consider them to be an essential requirement of any human rights monitoring mandate. However, limited resources make it particularly difficult to track the development of individual cases and recommendations, in particular after fact-finding visits, transmitted to Governments. With the assistance of the Office of the High Commissioner for Human Rights, I intend to enhance the quality of such follow-up and to address the issue of follow-up in a separate chapter or section of my next report. In this connection, I would appreciate receiving information both from the concerned Governments and members of civil society on the efforts made to implement recommendations made by the Special Rapporteur after country visits.
Mrs. Chairperson,
Finally, let me draw your attention to what I consider to be an important step in the prevention of torture, namely, the adoption by the General Assembly of Optional the Protocol to the Convention against Torture and Other Cruel Inhuman or Degrading Treatment or Punishment. I can only but strongly encourage States to sign and ratify this Optional Protocol in order to make this instrument a reality as soon as possible.
Thank you.
torture and detention.
Mrs. Chairperson,
It is a great honour to present my second report to the Commission on Human Rights (E/CN.4/2003/68 and Addenda 1 and 2) as Special Rapporteur on torture.
This year, the main report contains a brief description of the methods of work of the anti-torture mandate with a view to enhancing cooperation with all parties concerned. The report also contains an overview of my activities as Special Rapporteur in 2002 and a revised version of the general recommendations under the mandate. This year again, I would like to encourage States to reflect upon them as a useful tool in efforts to combat torture and make every effort to follow them up and to implement them at the domestic level.
Addendum 1 of the report contains a summary of communications sent to and received from Governments regarding individual cases and general information of concern to the mandate. I have sent 294 urgent appeals and 109 letters of allegations. I have also made observations regarding a number of countries. In particular, I have noted the findings of other human rights supervisory bodies and drawn the attention to countries which have failed to provide me with replies for a number of years. Replies to allegations and urgent appeals contained in this report have since then been received from a number of States, namely Argentina, Australia, Bangladesh, Bolivia, Canada, China, Colombia, Cuba, Czech Republic, Cameroon, Egypt, Ethiopia, Greece, India, Itlaly, Jamaica, Japan, Lebanon, Malaysia, Morocco, Mexico, Myanmar, the Russian Federation, Sri Lanka, Tunisia, Turkey, Uganda, Uzbekistan, the United States, Vietnam, Yemen and Zimbabwe.
Summaries of communications sent to Governments contained in this report merely reflect the information brought to my attention by reliable sources during the period under review. Thus, no or little information regarding a country does not mean that torture and other forms of ill-treatment do not take place in this country. I would also like to reiterate that communications regarding individual cases do not constitute any judgement on my part concerning the merits of the case. In transmitting these communications, I do not associate myself with or condone in any way acts or activities of the persons on whose behalf I intervene. Nevertheless, I would like to recall that no matter how wrongly, dangerously, or even criminally a person may act, every human being is legally and morally entitled to protection on the basis of internationally recognized human rights and fundamental freedoms.
Mrs. Chairperson,
In November-December 2002, I conducted a two-week fact-finding mission to the Republic of Uzbekistan, the report of which may be found in addendum 2 to the report.
First of all, I would like to thank the Government for having invited me and for having extended its support during the mission. I was thus able to meet with a wide range of high Government officials and to visit a number of detention places. However, I regret that the mission’s terms of reference were not fully respected. Indeed, I was unable to carry out the visit to Jaslyk colony in a satisfactory and comprehensive manner and I was denied access to the National Security Service lock-up in Tashkent. Despite these serious incidents which are detailed in my report, I was able to gather sufficient information from both official and non-governmental interlocutors to form my opinion with respect to issues falling within my mandate. I note with keen expectation the intention and willingness expressed by high government officials to follow-up on my report, and in particular on the recommendations that are included therein. I also note the commitment and efforts demonstrated by vibrant sectors of civil society in the country thanks to whom I was able to meet with a large number of alleged victims and relatives thereof.
In my report, I conclude on the basis of numerous testimonies, including on deaths in custody, received during the mission that torture is systematic. I think that the pervasive and persistent nature of torture throughout the investigative process cannot be denied and should be seriously addressed by the relevant authorities. In that respect, I have made several recommendations which, I hope, will assist the authorities in their intention to put an end to the practice of torture and ill-treatment. In particular, I have drawn the attention of the Government to the lack of guarantees in the current domestic legislation that would otherwise enhance the protection of persons deprived of their liberty from abuse and violence.
I appreciate the comments received on 11 March from the competent Uzbek authorities on my report which thus initiate a dialogue on means and ways to address the issues at stake that I hope will be fruitful. These comments will be reflected in my report to next year session of the Commission. For the time being, I would like to stress a few points. In its comments, the Government refers to a new version of the Ombudsman bill which is currently under discussion and which, if approved, will extend the Ombudsman’s authority, in particular with respect to visiting places of detention, applying to officials entitled to lodge complaints and being present at court proceedings, including when held in camera. In that respect, I would like to encourage the relevant authorities to look for technical advices from the national institution team from the Office of the High Commissioner for Human Rights in undertaking this reform. With respect to access by independent non-governmental investigators, the authorities should ensure the application of the agreement signed with the International Committee of the Red Cross in January 2001 which allows this organisation to pursue its visits in accordance with its customary procedures. I am looking forward to receiving further comments from the Uzbek authorities, including on the individual cases annexed to the report. More in particular, as stated in paragraph 71 of the report, I will appreciate it if the Government of Uzbekistan will make its views known on the implementation of the recommendations, as soon as possible and not later than the 1st of July 2003.
Mrs. Chairperson,
With respect to requests for visits in situ, as referred to in my report, I wish to inform the Commission that I reiterated my interest in undertaking such visits, within the framework of my mandate, to the following countries: Algeria, Egypt, India, Indonesia, Israel, Nepal, the Russian Federation with respect to the Republic of Chechnya and Tunisia. By way of update in respect of possible missions for this year, I wish to inform the Commission that contacts have been established with the Governments of Bolivia, China, Georgia and Spain.
Mrs. Chairperson,
As requested by the Commission in its resolutions 2001/62 (paragraph 9) and 2002/38 (paragraph 13), I submit a preliminary study on the question of trade and production in equipment specifically designed to inflict torture and other cruel, inhuman or degrading treatment, its origin, destination and forms, with a view to finding the best ways to prohibit such trade and production and to combat its proliferation (see report E/CN.4/2003/69). Since the submission of this report, I note that Finland provided me with some comments on the issue.
In my report, I first draw the attention of the Commission to reference to such equipment in previous reports submitted by the Special Rapporteur. However, it was not my intention to draw up a list of all equipments and instruments whose use is deemed to be inherently cruel, inhuman or degrading, as this would have required a more in-depth research. I would like to stress that the absence of thorough, independent and impartial medical testing on short- and long-term effects poses a real problem in assessing whether a specific device is inherently cruel, inhuman or degrading. International human rights law has up to now mainly addressed the question of the circumstances in which such equipment may be used. It stipulates that force should only be used when strictly necessary and should be used in a manner proportionate to what is necessary to achieve a legitimate objective (principle of proportionality). In the report, I note a number of initiatives taken at the national and regional levels to prevent the trade and production in equipment specifically designed to inflict torture and other forms of ill-treatment. I hope to be in a position next year to establish a set of best practices, in particular of monitoring mechanisms to control the respect for trade and production regulations, be they national or international. I believe in the necessity of keeping the study ongoing and expect that the Commission will continue to request me to keep this issue under consideration.
Mrs. Chairperson,
As reflected in my main report, I attach a great importance to follow-up activities and I consider them to be an essential requirement of any human rights monitoring mandate. However, limited resources make it particularly difficult to track the development of individual cases and recommendations, in particular after fact-finding visits, transmitted to Governments. With the assistance of the Office of the High Commissioner for Human Rights, I intend to enhance the quality of such follow-up and to address the issue of follow-up in a separate chapter or section of my next report. In this connection, I would appreciate receiving information both from the concerned Governments and members of civil society on the efforts made to implement recommendations made by the Special Rapporteur after country visits.
Mrs. Chairperson,
Finally, let me draw your attention to what I consider to be an important step in the prevention of torture, namely, the adoption by the General Assembly of Optional the Protocol to the Convention against Torture and Other Cruel Inhuman or Degrading Treatment or Punishment. I can only but strongly encourage States to sign and ratify this Optional Protocol in order to make this instrument a reality as soon as possible.
Thank you.