COMMITTEE AGAINST TORTURE TO HOLD THIRTIETH SESSION AT PALAIS WILSON FROM 28 APRIL TO 16 MAY 2003

Committee against Torture
24 April 2003


BACKGROUND RELEASE



Experts Scheduled to Consider Reports From Cambodia, Azerbaijan,
Iceland, Turkey, Slovenia, Belgium, and Republic of Moldova



The Committee against Torture will meet at the Palais Wilson in Geneva from 28 April to 16 May 2003 to review measures adopted by Cambodia, Azerbaijan, Iceland, Turkey, Slovenia, Belgium and the Republic of Moldova to prevent and punish acts of torture. Representatives of the seven countries are expected to come before the Committee to defend their records in implementing the rights enshrined in the Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment.

During the three-week meeting, the Committee's 10 independent Experts will also study, in closed session, information appearing to contain well-founded indications that torture is being systematically practiced in a State party. In addition, they will examine complaints from individuals claiming to be victims of a violation by a State party of the provisions of the Convention.

There are 132 State parties to the Convention, which requires signatories to outlaw torture and explicitly prohibits the use of "higher orders" or "exceptional circumstances" as excuses for acts of torture. The Committee was established in 1987 to monitor compliance with the Convention and to assist State parties in implementing its provisions.


Committee's concluding observations on the last reports submitted by Azerbaijan, Iceland, Turkey and Slovenia

After the Committee examined the initial report of Azerbaijan in November 1999, it noted among positive aspects the ongoing efforts to establish a legal framework based on universal human values to safeguard fundamental human rights, including freedom from torture; and the important efforts made to establish relevant selection criteria and methods for the training and education of law enforcement and medical personnel on the prohibition of torture. The Committee expressed its concern about numerous and continuing reports of allegations of torture and other cruel, inhuman and degrading treatment and punishment committed by law enforcement and the apparent failure to provide prompt, impartial and full investigation into numerous allegations of torture that were reported to the Committee, as well as the failure to prosecute, where appropriate, the alleged perpetrators. The Committee recommended that the State party ensure the investigation and, where appropriate, the prosecution of those accused of having committed the crime of torture, and ensure that amnesty laws excluded torture from their reach.

On the initial report of Iceland, which it examined in November 1998, the Committee considered among positive aspects that the amendments to the Constitution adopted in 1995 enhanced protection of human rights and established, in particular, the absolute prohibition of torture. It commended the Icelandic authorities for the enactment of legislation and rules on the rights of arrested persons, interrogations by the police, and the protection of persons committed to psychiatric hospitals against their will. Subjects of concern included the use of solitary confinement, particularly as a preventive measure during pre-trial detention. The Committee recommended, among other things, that the Icelandic authorities review the provisions regulating solitary confinement during pre-trial detention in order to reduce considerably the cases to which solitary confinement could be applicable; and that the legislation concerning evidence to be adduced in judicial proceedings be brought in line with the provisions of article 15 of the Convention so as to explicitly exclude any evidence made as a result of torture.

Following its examination of the initial report of Slovenia in May 2000, the Committee noted among positive aspects that the Constitution of the State party provided a broad range of norms protecting human rights and fundamental freedoms, including the prohibition of torture; and noted with satisfaction that it had received no information about alleged perpetration of torture, as defined in article 1 of the Convention, in the State party. Concern was expressed about allegations of instances of police ill-treatment of and excessive use of force against members of the Roma population, which had reportedly resulted in severe injuries in some instances; and allegations about the excessive use of force by the police in connection with arrests. The Committee recommended that Slovenia take the necessary steps to prevent the misuse of force by the police against members of the Roma population and other minorities, particularly, in connection with arrests and detention; and that the State party consider amending the legislation which permited the expulsion of an alien to a country where he or she would be in danger of being tortured.

The Committee examined the initial report of Turkey in April 1990. In November 1990, the Committee started a confidential inquiry, provided for under article 20 of the Convention, into allegations of the systematic practise of torture in the State party. In 1993, the Committee concluded its inquiry and issued a statement in which it took note with satisfaction of the cooperation of the Turkish authorities during the inquiry. The Committee said it remained concerned at the number and substance of the allegations of torture received, which confirmed the existence and systematic character of the practice of torture in this State party. It expressed the hope that the new Government of Turkey, which was formed in June 1993, would take forceful and effective measures in order rapidly to end the practice of torture, in accordance with the provisions of the Convention.

Cambodia Belgium and the Republic of Moldova are presenting reports to the Committee for the first time, so there are no previous conclusions on the situation in their countries.


Background On Convention And 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. Second, 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 practiced 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 132 States: Afghanistan, Albania, Algeria, 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, Costa Rica, Côte d'Ivoire, Croatia, Cuba, Cyprus, Czech Republic, Democratic Republic of the Congo, Denmark, Djibouti, Ecuador, Egypt, Equatorial Guinea, El Salvador, 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, Libya, Liechtenstein, Lithuania, Luxembourg, Malawi, Mali, Malta, Mauritius, Mexico, Moldova, Monaco, Mongolia, Morocco, Mozambique, Namibia, Nepal, Netherlands, New Zealand, Niger, Nigeria, Norway, Panama, Paraguay, Peru, Philippines, Poland, Portugal, Qatar, Republic of Korea, Romania, Russian Federation, Saint Vincent and the Grenadines, Saudi Arabia, Senegal, Seychelles, Sierra Leone, Slovak Republic, Slovenia, Somalia, South Africa, Spain, Sri Lanka, Sweden, Switzerland, Tajikistan, the Former Yugoslav Republic of Macedonia, Togo, Tunisia, Turkey, Turkmenistan, Uganda, Ukraine, United Kingdom, United States, Uruguay, Uzbekistan, Venezuela, Yemen, Yugoslavia and Zambia.

The following 47 States have recognized the competence of the Committee under articles 21 and 22: Algeria, Argentina, Australia, Austria, Belgium, Bulgaria, Cameroon, Canada, Costa Rica, Croatia, Cyprus, Czech Republic, Denmark, Ecuador, Finland, France, Germany, Ghana, Greece, Hungary, Iceland, Ireland, Italy, Liechtenstein, Luxembourg, Malta, Monaco, Netherlands, New Zealand, Norway, Paraguay, Poland, Portugal, Russian Federation, Senegal, Slovak Republic, Slovenia, South Africa, Spain, Sweden, Switzerland, Togo, Tunisia, Turkey, Uruguay, Venezuela and Yugoslavia. 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, Mexico and Seychelles have recognized the competence of the Committee under article 22 only.


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 has repeatedly appealed 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. Furthermore, on 25 April 2001, the Commission extended the mandate of its Special Rapporteur on Torture for three years, encouraging all Governments to envisage inviting him to visit their countries.


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: Peter Thomas Burns (Canada); Guibril Camara (Senegal); Sayed Kassem el Masry (Egypt); Felice Gaer (the United States of America); Fernando Marino Menendez (Spain); Andreas Mavrommatis (Cyprus); Ole Vedel Rasmussen (Denmark); Alexander M. Yakovlev (the Russian Federation); and Yu Mengja (China). One seat is temporarily vacant due to the death of Mr. Alejandro Gonzalez Poblete, member from Chile.


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:

Tuesday, 29 April
Morning: Cambodia: initial report - CAT/C/21/Add.5


Wednesday, 30 April
Morning: Azerbaijan: second periodic report - CAT/C/59/Add.1
Afternoon: Cambodia (continued)


Thursday, 1 May
Morning:: Iceland: second periodic report - CAT/C/59/Add.2
Afternoon: Azerbaijan (continued)


Friday, 2 May
Morning: Turkey: second periodic report - CAT/C/20/Add.8
Afternoon: Iceland (continued)


Monday, 5 May
Morning: Slovenia: second periodic report - CAT/C/43/Add.4
Afternoon: Turkey (continued)


Tuesday, 6 May
Morning: Belgium: initial report - CAT/C/52/Add.2
Afternoon: Slovenia (continued)


Wednesday, 7 May
Afternoon : Belgium (continued)


Thursday, 8 May
Morning: Republic of Moldova: initial report - CAT/C/32/Add.4


Friday, 9 May
Afternoon: Republic of Moldova (continued)


Monday, 12 May

Afternoon: Cambodia: conclusions and recommendations
& Azerbaijan: conclusions and recommendations


Tuesday, 13 May
Morning: Iceland: conclusions and recommendations


Wednesday, 14 May
Afternoon: Turkey: conclusions and recommendations
& Slovenia: conclusions and recommendations


Thursday, 15 May
Afternoon: Belgium: conclusions and recommendations
& Republic of Moldova: conclusions and recommendations




* *** *