Committee against Torture

25th session (Geneva, 14 to 24 November 2000)

At its 25th session, the Committee against Torture considered the reports of Armenia, Australia, Belarus, Cameroon, Canada and Guatemala. Under Article 20 of the Convention, the Committee currently has four inquiries into alleged systematic practice of torture pending. Regarding the inquiry on Peru, the Committee at its 25th session decided to postpone any decision on publicising the findings of the inquiry. The Committee additionally considered 12 individual communications. It has taken views on two cases which will be made public after they have been communicated to the parties concerned.

1. Reports by States

Armenia

The Committee noted that continuing efforts have been undertaken to establish a legal framework to protect fundamental human rights, including the right not be subjected to torture; the moratorium on capital punishment and the absence of the death penalty in the draft Penal Code. Also observed was the State's willingness to create the office of an ombudsman.

However, concern was expressed about the lack of an effective legal definition of torture in the draft criminal code; the lack of respect of detainees' rights; the absence of effective compensation for victims of torture; and poor prison conditions. The Committee further regretted the continuing practice of "dedovshchina" (hazing) in the military, where new recruits are subjected to abuse and humiliation. Moreover, it was noted that the results of an inquiry into the allegations of ill-treatment, which had previously been brought to the attention of the Committee, have not been communicated.

Australia

Positive developments were noted by the Committee in its consideration of Australia's report. These included the expansion of rehabilitation services for victims of torture; measures taken to address the historical social and economic disadvantage of the indigenous population; and the establishment of the independent statutory officer of the Inspector of Custodial Services.

Despite these positive developments concerns did remain. These primarily related to the lack of appropriate review mechanisms for ministerial decisions on the expulsion, return or extradition of persons to a State where they are in danger of being subjected to torture. Other concerns included the use of certain instruments for physical restraint purposes; allegations of excessive use of force or degrading treatment by police forces or prison guards; and legislation imposing mandatory minimum sentencing.

Belarus

Although the Committee positively noted the decision of the Government of Belarus to withdraw its reservation to Article 20 of the Convention, regarding the inquiry procedure, as well as its co-operation with UN special mechanisms, many negative observations were made and commented upon.

The Committee particularly noted the deterioration in the human rights situation in Belarus since the consideration of its second periodic report in 1992. Specifically referred to was the absence of a definition of torture in the Criminal Code; the numerous allegations of torture committed by State officials; the trend of officials to fail to conduct prompt, impartial and full investigations into the many allegations of torture reported to authorities, as well as the failure to prosecute alleged perpetrators; restrictions to the independence of lawyers; poor conditions of detention, including the prevalence of tuberculosis; the continuing use of the death penalty; and the inadequate procedures for appeals.

Cameroon

While the Committee did note that the State party had taken steps to promote human rights, including the acceptance of prison visits by the International Committee of the Red Cross (ICRC), concern remained about the widespread practice of torture. In this vein, it was noted that there exists a large disparity between the number of allegations of torture and the number of legal cases involving suspected perpetrators. Other concerns exhibited include the lack of compensatory measures for victims of torture; the absence of legislative provisions rendering evidence obtained through torture inadmissible; the exaggerated importance allocated to security considerations; and the maintenance of the prison administration under the authority of the Ministry of the Interior.

In its recommendations to the State Party, the Committee requested it to take advantage of the legislative reforms currently underway; to take up already opened inquiries into violations of human rights and to conduct immediate objective investigations and to inform the Committee about the results; and to continue its training of law enforcement officials in human rights, especially in the prevention of torture.

Canada

Among the positive developments noted by the Committee, in its consideration of Canada's report, was the extensive legal protection against torture; the entry into force of the Crimes against Humanity Act and the War Crimes Act; Canada’s ratification of the statutes of the International Criminal Court; the establishment of a Human Rights Division in the Correctional Service and the measures taken to address the historical social and economic disadvantage of its indigenous population.

The primary issue of concern to the Committee, in its dialogue with the State, was the protection against expulsion and return under Article 3 of the Convention. It was the State party's belief that this article does not prevent a person from being returned to another State, even if there is a risk that the individual be subjected to torture, should they be considered a serious criminal or security risk. Other concerns included the inappropriate use of force by police authorities to break up demonstrations, allegations regarding the harsh and improper treatment of female detainees and the lack of implementation of the recommendations of the Arbour report; the use of undue force and involuntary sedation; the over representation of indigenous people in prisons and the possibility that a perpetrator of torture can still gain immunity.

Recommendations were adopted with specific regard to the above mentioned concerns. Furthermore, the State party was recommended to continue and enhance training of military personnel on the standards required by the Convention.

Guatemala

The Committee particularly noted the announcement by the new President, that human rights will form a central component to the Government's programmes and of the need to reform the judiciary. Also positively noted was the establishment of a single national civil police force; the creation of an office for the defence of prisoners and due process; and the announcement of the Government that the Penal Code would be reviewed with a view to making legislative improvements.

Concern was expressed however over the deterioration of the human rights situation in Guatemala, in particular the increase in verified cases of torture, which are generally carried out by the National Civil Police. Other concerns included persisting impunity; the serious quantitative and qualitative gaps in the administration of justice; the definition of torture given in the Penal Code; the lack of an independent human rights commission and the absence of a systematic review of the interrogation rules and conditions of detention.

In its recommendations, the Committee requested the Government to modernise the administration of justice system and to establish an Independent Inquiry Commission to investigate the circumstances of disappearances.

2. Other issues

Occupied Palestinian Territories

During its 25th session, the Committee held a discussion on the situation of the Occupied Territories with regards to Article 16 of the Convention. In particular, reference was made to the Amnesty International report, which resulted from their fact finding mission to the region in October 2000. It was proposed, by one Committee member, that the Government be encouraged to respond directly to the information contained therein. This proposal was put to a vote and it was decided to postpone the debate until the next session in May 2001, when the finding of the Inquiry Commission established under the Commission on Human Rights shall be known.

State violence against children

At this session, one of the members of the Committee against Torture briefed Committee members about the Committee on the Rights of the Child's discussion on State violence against children, in which he participated on behalf of the Committee. The convening of such a discussion indicates growing areas of common interest amongst the different treaty bodies and the need for further co-operation. The Committee against Torture was informed that the discussion encouraged NGOs working for children's rights to disseminate information about the existence and functioning of relevant individual complaints mechanisms, including the one established under Article 22 of the Convention against Torture.

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