Committee against Torture issues conclusions on reports of Cyprus and Venezuela

CAT
29th session
22 November 2002
Morning



The Committee against Torture issued conclusions and recommendations this morning on a third periodic report of Cyprus and a second periodic report of Venezuela, praising Cyprus for an absence of reported cases of torture and Venezuela for numerous Constitutional reforms aimed at enhancing human-rights protections and eradicating ill-treatment of detainees and prisoners.
Among positive aspects of the report of Cyprus, the Committee also noted recent legislative, administrative and institutional developments, such as adoption of a Bill making cruel, inhuman or degrading treatment or punishment a criminal offence, and measures providing for the presumption of ill-treatment when it was ascertained by medical examination that a detainee bore external injuries which were not present at the time of arrest.
The Committee recommended, among other things, that Cyprus disseminate throughout the country the Committee’s conclusions and recommendations.
Among positive developments in Venezuela, the Committee cited, among other things, the entry into force of a new Constitution on 30 December 1999, embodying progress in the sphere of human rights. The Committee considered it particularly positive that the Constitution conferred Constitutional status on human-rights treaties, covenants and conventions; that it made it clear that they prevailed over domestic legislation; that it stipulated that their provisions were to be applied immediately and directly; and that it provided that the exercise of human rights should not be impaired by the absence of a law regulating such rights.
Concern was expressed by the panel over many reports of torture, degrading treatment, abuse of authority, arbitrary acts and excesses carried out by members of Venezuelan State security forces; over violence in prisons and abuse of prisoners by prison staff; and about a lack of prompt and impartial investigations of complaints of torture.
The Committee recommended, among other things, that Venezuela adopt legislation punishing torture; that it take all necessary steps to ensure immediate and impartial investigations of all complaints of torture; and that it take steps to provide a sound regulatory and institutional framework for realization of the right of victims to fair and adequate compensation.
Cyprus and Venezuela, as among 131 States parties to the Convention against Torture, are required to provide the Committee with periodic reports describing efforts to put the terms of the Convention into effect.
Prior to adjourning its autumn two-week session, the Committee met in closed session towards the end of the morning to consider complaints from individuals..

Conclusions and Recommendations on Third Periodic Report of Cyprus
The Committee cited among positive developments in Cyprus the fact that there were no reported cases of torture and no political prisoners. It also welcomed recent legislative, administrative and institutional developments, such adoption of a Bill for the amendment of the Ratification Law making cruel, inhuman or degrading treatment or punishment a criminal offence, and providing for the presumption of ill-treatment when it was ascertained by medical examination that a detainee bore external injuries which were not present at the time of arrest. The Committee also noted with satisfaction the adoption of the Protection of Witness Law that aimed to securing anonymity of the witness; the adoption of the law on the prevention of domestic violence; and the adoption of the new law for the suppression of trafficking in persons and of the sexual exploitation of children. The Committee welcomed Cyprus's abolition of the death penalty; the amendment of the Aliens and Immigration Law to provide additional protection to refugee claimants; the enactment of a new law for the payment of adequate compensation; the decision of the Council of Ministers to empower the Attorney-General to appoint criminal investigators to investigate allegations of criminal conduct by police; and new measures taken to give effect to the newly adopted Psychiatric Treatment Law.
The Committee noted with satisfaction the improvement and renovation of prison facilities; the establishment of a National Institution for the Protection of Human Rights; the establishment of a Police Human Rights Office to receive and investigate complaints of violations by police officers; and the introduction of a programme for the training of judges of first instance in the field of human rights.
The Committee noted that although there was a generally positive trend regarding the treatment of detained persons by police, some cases of ill-treatment had been alleged, and authorities should remain vigilant.
The Committee commended, among other things, Cyprus for its ongoing efforts to ensure the effective implementation of the Convention and appreciated the work so far done, and called upon the State party to continue these efforts. It recommended that Cyprus widely disseminate the Committee’s conclusions and recommendations, in all appropriate languages, in the country.

Conclusions and Recommendations on Second Periodic Report of Venezuela
The Committee noted among positive aspects of the report the entry into force of the new Constitution on 30 December 1999, which embodied progress in the sphere of human rights. The Committee considered it particularly positive that the Constitution Conferred Constitutional status on human rights treaties, covenants and conventions, that it made clear that they prevailed over domestic legislation; that it stipulated that their provisions were to be applied immediately and directly; and that it provided that the exercise of human rights should not be impaired by the absence of a law regulating such rights. The Committee welcomed the fact that the Constitution recognized the right of every individual to lodge applications or complaints with international bodies to seek protection of their human rights -- a provision which complemented the Committee’s competence under article 22 of the Convention as acknowledged by the State party in 1994. It welcomed the fact that Constitution imposed on Venezuela an obligation to investigate and punish human rights offences; that the Constitution declared that no statutory limitations should apply to action to punish such offences; that the Constitution ruled out any measures that might give rise to impunity, such as amnesties or pardons for human-rights offences; and that the Constitution assigned to ordinary courts the task of trying cases involving violations of human rights and crimes against humanity. The Committee also noted with satisfaction that the Constitution imposed on the State an obligation to compensate the victims of violations in full, that it recognized the right of victims of torture practised or tolerated by agents of the State to rehabilitation; and that it properly regulated guarantees to persons in custody.
The Committee further welcomed the conferring of Constitutional status on the stipulation that persons held in custody had to be brought before the courts within 48 hours, and the stipulation that the liberty of accused persons was now the general rule and pre-trial detention the exception. The Committee also cited among positive aspects the fact that the Constitution recognized a number of guarantees for detainees, such as access to a lawyer from the moment of detention, and banned the obtaining of confessions as a result of torture. The Committee attached particular importance to the establishment, with Constitutional status, of the Office of the Ombudsman as an autonomous body responsible for promoting, upholding and monitoring the rights and guarantees laid down in the Constitution and in the international human rights instruments ratified by Venezuela. It took note with satisfaction of the adoption of various legislative provisions and the establishment of units, such as the Human Rights Department in the Ministry of the Interior and Justice; and of the ratification of the Rome Statute of the International Criminal Court in December 2000.
Concern was expressed, among other things, over the failure to characterize torture as a specific offence in Venezuelan legislation, despite the extensive legal reforms carried out; over the many reports of torture, degrading treatment, abuse of authority, arbitrary acts and excesses carried out by members of the State security forces, making the protection offered under the Constitution and the Code of criminal procedure ineffective; and over reports of the abuse of power and undue use of force as a means of control, especially during demonstrations and protests. The Committee expressed concern about the reports of persecution and attacks against sexual minorities and trans-sexual activists, particularly in the State of Carabo; about information on threats and harassment against persons lodging complaints of ill-treatment by officials; about a lack of prompt and impartial investigations of complaints of torture; and about the lack of a standard and accessible procedure for guaranteeing the victims of acts of torture the right to fair and adequate compensation. The Committee noted with concern persisting situations of inter-personal violence inside prisons, as well as violence committed against detainees by prison staff, which had resulted in serious injuries and deaths.
The Committee recommended, among other things, that Venezuela adopt legislation on punishment for torture by means of a special law or reform of the Criminal Code -- a recommendation previously made which had yet to be implemented. The Committee recommended that Venezuela take all necessary steps to ensure immediate and impartial investigations of all cases of complaints for torture; that it take steps to provide a sound regulatory and institutional framework for realization of the right of the victims of torture to fair and adequate compensation, and that it institute programmes for their physical and mental rehabilitation to the fullest possible extent.
The Committee further recommended that Venezuela pursue human-rights education and promotion activities targeting law-enforcement and medical personnel, that the State party take steps to improve the physical conditions in which prisoners were held, and to prevent both violence among prisoners and violence inflicted on them by prison staff; and that it strengthen the independent procedures for prison inspections. The Committee requested Venezuela to include in its next periodic report statistical data on cases relevant to the Convention that were heard by domestic bodies, including the results of investigations made and steps taken for redress and compensation.



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