Committee against Torture

24th session (Geneva, 1 to 19 May 2000)

During its 24th session the Committee examined reports from eight countries: China; El Salvador; the Netherlands; Paraguay; Poland; Portugal; Slovenia and the United States of America. Furthermore, under the confidential inquiry procedure provided for by Article 20 of the Convention, three enquiries are currently on-going and one regarding Peru has been recently completed. With the agreement and co-operation of the Peruvian Government, two committee members visited Peru from 29 August to 13 September 1998. The inquiry was completed in May 1999 and a report including conclusions and recommendations was transmitted to the Government. Under the individual communications procedure provided for by Article 22, 52 cases were pending consideration by the Committee before the start of the session. Decisions or views were adopted regarding nine of the cases and four Article 3 cases relating to re-foulement, expulsion and deportation, were discontinued.

Reports by States

China

The Committee considered the third periodic report of China, which contains two parts dealing with both the measures taken in mainland China and measures taken in the Hong Kong Special Administrative Region.

Many concerns were exhibited by the Committee. Concern was expressed over the occurrence of violence against women including domestic violence and the abandoning of baby girls. Regarding the use of the death penalty and suspended death sentences, concerns were also raised about the methods used and the circumstances immediately preceding the execution. The Chinese delegate was reminded that, while the death penalty is not prohibited by the Convention against Torture, the method of execution can fall under the mandate of the Committee. Also taken up were the concerns of Amnesty International concerning re-education through labour camps.

El Salvador

In its consideration of the El Salvadorian report, the Committee welcomed the legal force given to all ratified international treaties through the Constitution; the creation of prison supervision courts responsible for ensuring the proper enforcement of sentences and respect for the rights of all detainees; and the human rights education activities conducted by, amongst others, the Salvadorian Institute for Human Rights.

Concerns however did remain. These primarily regarded inter alia the definition of torture provided by the Country's Penal legislation, which is not consistent with Article 1 of the Convention; the absence of rules giving torture victims the right to fair and adequate compensation; and the absence of legal provisions opposing expulsion or extradition when there are substantial grounds for believing the individual is in danger of being subjected to torture.

It was recommended that that the offence of torture should be redefined in accordance with Article 1 of the Convention and that legal provisions should be introduced opposing expulsion, return or extradition in circumstances covered by Article 3 of the Convention.

Netherlands

At its 24th session, the Committee against Torture considered the third periodic report of The Netherlands, which covered the five year period from 1994 to 1998. In the Committee's deliberations, particular attention was given to asylum seekers and inter-prisoner violence. Regarding asylum seekers, the Committee requested more information on a case where a Tunisian asylum seeker in the Netherlands was rejected and sent back to Tunisia when there was a serious threat of torture. A rapporteur is to be sent to the Netherlands to examine the file.

Several Committee members expressed their concern about inter-prisoner violence and the deplorable conditions in the Koraal Specht prison in Curacao in the Netherlands Antilles. Other issues raised were the allegations of police brutality in Aruba; and the disproportionate use of force and unlawful body searches.

The Committee recommended that the Convention against Torture be fully incorporated into domestic law. It also emphasised that inter-prisoner violence should not be combated by the use of riot squads.

Paraguay

While the Committee welcomed the entry into force of the new Penal Code and the gradual application of the changes introduced by the new Criminal Code, concerns were also expressed. The Committee received information indicating that the practice of torture continues in police stations, prisons and premises of the armed forces. It was noted that there was no Office of the Ombudsmen eight years after the entry into force of the 1992 Constitution, which specifically provides for the creation of this office. Reference was also made to the weakness in the definition of torture. It was further observed that there are no programmes for the redress and rehabilitation of the physical and mental health of the victims of torture, as required by Article 14 of the Convention.

Among the Committee's recommendations to the Government was the prompt appointment and the provision of sufficient resources to enable the Office of the Ombudsman to establish its presence throughout the national territory.

Poland

The Committee had before them the third periodic report of Poland. While the legislative and administrative reforms under taken by the Polish Government to comply with the Convention against Torture were welcomed, many concerns were exhibited by the Committee. The primary concern centred around lack of a precise definition of torture. This situation was excused by the Polish delegation who explained that any international convention entered into by Poland constitutes a universally binding source of law and can be directly invoked by law enforcement officials.

The Committee also regretted the persistence of the army practice of "fala" (hazing) where new recruits are subjected to abuse and humiliation. Another concern taken up was the violence against women in penitentiary institutions. Although the delegation was asked to provide details of measures taken against perpetrators of violence against female detainees, no such cases were presented to the Committee.

The Committee recommended that the State party: introduces the necessary legislative changes to identify torture as a specific crime and to enable the prosecution of torture as defined in the Convention; and that the Penal Code be amended to ensure that orders of superiors cannot be invoked (in any circumstances) as justification of torture. The introduction of an effective and reliable complaint system that would allow victims of torture to file complaints, was also recommended.

Portugal

The Committee considered the third periodic report of Portugal, which covers the period from 31 March 1996 – 28 February 1998. In their consideration, particular attention was given to the police force, inter-prisoner violence, deaths incurred in police custody and ill treatment by police officers.

While the Committee was informed that steps had been taken to improve conditions of detention in police lock ups and jails, since Portugal had last been before the Committee, concern remained. Attention was especially drawn to a report of Amnesty International that documents alleged cases of death under police custody, torture and other ill treatment by police officers.

The State party was urged by the Committee to inter alia continue taking measures to encourage the police force to respect human rights and to ensure criminal investigation and the public prosecution of officers suspected of violating human rights.

Slovenia

The Committee acknowledged the difficult time Slovenia has undergone and commended the establishment of the special institution of the Ombudsman for the Protection of Human Rights.

Particular concern was expressed over allegations of police ill treatment and the excessive use of force by police against members of the Roma population. The Committee also noted with concern that Article 51 of the Aliens Act allows for an alien who constitutes a threat to public security to be expelled back to their country of origin, even if they are likely to be subjected to torture there. This violates Article 3 of the Convention.

In its recommendations, the Committee particularly requests the State party to incorporate the definition of torture in its substantive criminal law as well as to take the necessary measures to prevent the excessive use of force by the police.

United States of America

In its consideration of the report of the United States of America, the Committee raised several issues of concern. Particularly highlighted were the reservations made by the United States to the treaty; the failure of the United States to respond to all communications sent by the Special Rapporteur; and the use of electric shock devices and restraint chairs as methods of constraint.

The United States Government was especially urged to take the necessary steps to ensure that those who violate the Convention are investigated; and to ensure that minors are not held in prison with the regular prison population.

Top