COMMITTEE AGAINST TORTURE CONCLUDES FORTY-SEVENTH SESSION

The Committee against Torture concluded its forty-seventh session today, issuing its concluding observations and recommendations on reports from Belarus, Bulgaria, Djibouti, Germany, Madagascar, Morocco, Paraguay and Sri Lanka, which it reviewed during the session. The Committee asked Syria to provide it with a special report on the current events occurring in the territory of the State party and said it would review the special report during its next session in May 2012.

All the countries reviewed are among the 147 States parties to the Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment, and are bound by the terms of the treaty to submit periodic reports on efforts to ensure that such human rights violations do not occur on their territories.

In its conclusions and recommendations on the initial report of Belarus, the Committee welcomed the State party’s ratification of international instruments and ongoing efforts to reform its legislation. However the Committee remained deeply concerned about reports of poor conditions in places of detention and psychiatric hospitals, as well as allegations of widespread torture and ill-treatment of detainees, and recommended that as a matter of urgency Belarus take immediate measures to prevent acts of torture through the country, establish independent prison-monitoring bodies and reduce prison overcrowding, and consider accepting the request for a visit by the High Commissioner for Human Rights.

Regarding the combined fourth and fifth periodic reports of Bulgaria, the Committee welcomed the State party’s ratification of the Optional Protocol but remained concerned about the excessive use of force and firearms by law enforcement officers, about discrimination against vulnerable groups and the treatment of persons in social institutions, including those with mental disabilities and children. The Committee urged Bulgaria to amend legislation on use of firearms and to eradicate discrimination against the Roma and other national minorities.

Following its consideration of the initial report of Djibouti, the Committee welcomed the State party’s ratification of several international human rights instruments, but expressed deep concern about prison conditions, the rights of asylum seekers and lack of investigation into allegations of torture. The Committee urged Djibouti to establish a monitoring system for prisons, strengthen cooperation with non-governmental organizations and ensure all detainees and refugees received all fundamental legal safeguards.

Having reviewed the fifth periodic report of Germany, the Committee welcomed Germany’s ratification of multiple international instruments and the existence of a vibrant civil society that significantly contributed to the monitoring of torture and ill-treatment. The Committee’s areas of concern included trafficking of persons and alleged interrogation of terrorism suspects abroad by private security companies, and it urged Germany to prevent and thoroughly investigate and prosecute all cases of trafficking, and apply the ban on investigation of terrorism suspects abroad to all the authorities and entities engaged in law enforcement, including private security companies.

Concerning the initial report of Madagascar, the Committee noted the prohibition of torture under the Constitution, the de facto moratorium on the death penalty, and the signing of a "roadmap to end the crisis" following the 2009 political crisis. The Committee was concerned about the numerous allegations of human rights violations since the crisis, including torture, summary and extrajudicial executions and enforced disappearances that had not been investigated and prosecuted, and recommended that Madagascar conduct thorough and impartial investigations into all violations, while ensuring all detainees received their fundamental legal safeguards from the outset of detention.

In its conclusions and recommendations on the fourth periodic report of Morocco the Committee welcomed the adoption of a new Constitution which included the prohibition of torture and the creation of a National Human Rights Council. It noted with concern that
numerous and frequent allegations of torture were rarely investigated and prosecuted and that a climate of de-facto impunity had apparently been introduced for officials accused of such acts, particularly those committed during the period 1956-1999. It recommended that Morocco ensured all cases of torture or disappearance were thoroughly investigated and that anti-terrorism legislation be revised.

The Committee noted with satisfaction that the combined fourth to sixth periodic reports of Paraguay showed the State party had acceded to a large number of international instruments, and welcomed the recent visit to the country by the Subcommittee on the Prevention of Torture. The Committee expressed concerned about the lack of respect of the human rights of detainees in practice, and the maximum period of preventive detention, and recommended that Paraguay take immediate steps to eradicate any corruption in the police and prison system, and take action to prevent and fight against impunity, while ensuring that victims of torture received adequate compensation and rehabilitation.

Regarding the third and fourth periodic reports of Sri Lanka, the Committee noted the efforts undertaken by Sri Lanka to reform its legislation and the establishment of the Lessons Learnt and Reconciliation Commission to deal with issues rising from the 30 year conflict. The Committee remained seriously concerned about continued allegations of widespread use of torture to extract confessions, reports of secret detention centres, enforced disappearances, and extrajudicial killings. As a matter of urgency, the Committee called upon the State party to take immediate and effective measures to investigate all acts of torture and ill-treatment and prosecute and punish those responsible with penalties consistent with the gravity of their acts.

The full concluding observations for all country reports examined during the session can be found on the Committee’s website: http://www2.ohchr.org/english/bodies/cat/cats47.htm.

During the session the Committee met privately with representatives of non-governmental organizations from States whose reports were being considered at that session, held a public meeting regarding follow-up to articles 19 and 22 of the Convention, respectively on the submission of State party reports and communications. The Committee also held a meeting with the Subcommittee on Prevention of Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment.

In addition to reviewing country reports in public, during the session the Committee considered in private meetings information appearing to contain well-founded indications that torture was being systematically practiced in the territories of some States parties. It also examined communications from individuals claiming to be victims of violations by States parties of the provisions of the Convention. Such communications were accepted only if they concerned the 64 States that had declared the Committee competent to receive complaints under article 22 of the Convention. Progress reviews of the status of follow-up to individual communications, as well as follow-up to the Committee's concluding observations, were also held in public meetings.

The consideration of the fifth and sixth periodic report of Greece, which had been scheduled to take place this session, was postponed to the next session in May 2012.

At the end of the session, the Committee issued a statement saying it was deeply concerned about gross and pervasive human rights violations in Syria that were allegedly taking place in a context of impunity. It requested the Government of Syria to provide it with a special report by 9 March 2012 that indicated the measures it was taking to ensure that all its obligations under the Convention were effectively implemented; the measures that had been taken to implement the recommendations of the Committee’s concluding observations adopted in May 2010; as well as information on the current events occurring in the territory of the State party. The Committee will review the special report during its next session in May 2012.

The Committee’s next session will be held from 7 May to 1 June 2012, during which it is scheduled to examine reports from Albania, Armenia, Canada, Cuba, Czech Republic, Greece, Mexico, Russian Federation and Syria.

Observations and Recommendations on Country Reports

Belarus

Following examination of the initial report of Belarus, the Committee welcomed the State party’s ratification of and accession to two international instruments and noted their ongoing efforts to reform its legislation, policies and procedures in areas relevant to the Convention, in particular the revised Criminal Code, revised detention procedures and a new law providing protection for foreign citizens and stateless persons.

The Committee remained deeply concerned about continuous reports on poor conditions in places of detention, including an appeal by the Special Rapporteur on torture concerning the conditions in several places of detention, such as SIZO in Minsk, and was also concerned about the lack of effective monitoring of prisons and psychiatric hospitals. The Committee was concerned by numerous and consistent allegations of widespread torture and ill-treatment of detainees, especially at the moment of apprehension and during pre-trial detention. The Committee regretted that national legislation did not contain provisions defining or ensuring absolute prohibition of torture. The Committee was deeply concerned about numerous and consistent allegations of serious acts of intimidation, reprisals and threats against human rights defenders and journalists, as well as the lack of information provided on any investigations into allegations.

The Committee recommended that as a matter of urgency the State party take immediate and effective measures to prevent acts of torture and ill-treatment throughout the country, and take all necessary measures to ensure that all allegations of torture and ill-treatment by public officers were promptly investigated. The Committee urged the State party to establish fully independent bodies to perform effective unannounced visits to places of detention, to grant access to non-governmental organizations to all detention facilities in the country, including police lock-ups and psychiatric institutions, and to permit visits by the United Nations Special Rapporteurs on torture, on the right to freedom of expression, and on human rights defenders. The State party should also consider accepting the request by the United Nations High Commissioner for Human Rights for a visit from her officers. The Committee recommended that the State party should reduce prison overcrowding, ensure all detainees receive necessary food and healthcare and ensure that all minors were detained separately from adults.

Bulgaria

The Committee welcomed that since the consideration of the third periodic report, the State party had ratified the Optional Protocol of the Convention against Torture, and signed a bilateral agreement on cooperation between Bulgaria and Greece to combat organized crime, including smuggling, human trafficking and drugs. The Committee noted the State party’s ongoing efforts to revise its legislation in areas of relevance to the Convention, including the amendment to the Constitution in 2007 establishing the Supreme Judicial Council, and the new Civil Procedure code, in force since 1 March 2008, which provided compensation or rehabilitation to victims of torture.

The Committee remained concerned about at the excessive use of force and firearms by law enforcement officers, about discrimination, hate speech and violence against vulnerable groups and the reported continued existence of investigative detention facilities for remand prisoners situated below the ground in five locations. Also the situation of prisoners held in solitary confinement and reports that overcrowding and understaffing in detention facilities was conducive to inter-prisoner and violence, including sexual violence. The Committee was concerned about the treatment of persons in social institutions, including those with mental disabilities, and particularly children. The Committee noted that 238 children with mental disabilities died in the period 2000-2010, three-quarters from preventable deaths, without a single indictment being made to date in 166 criminal investigations, and that two children died recently in similar circumstances in Medven.

The Committee urged the State party to amend its legislation on the use of firearms to conform to international standards, to eradicate all forms of harassment and ill-treatment by police during investigations, and to enhance efforts to eradicate stereotypes and discrimination against the Roma and other national minorities. The State party should improve efforts to prevent inter-prisoner violence, by increasing the number of staff, quality and frequency of supervision; impartially, thoroughly and promptly investigate all incidents of death in custody, including suicide; and also ensure that handcuffing persons to immovable objects was forbidden by law and in practice. The State party should consider the recommendations made by the Special Rapporteur on Torture on prohibiting the imposition of solitary confinement as punishment. The Committee recommended that the State provide sufficient numbers of competent professional staff in social institutions that treat persons with mental disabilities, carry out necessary material renovations on facilities, which should be located in large cities that have hospitals and medical centres, and ensure adequate investigation, prosecution, conviction and sanction of those responsible for the deaths of institutionalized children with mental disabilities.

Djibouti

The Committee welcomed the ratification of Djibouti of the International Covenant on Economic, Social and Cultural Rights and the International Covenant on Civil and Political Rights in 2002, and its two Optional Protocols in 2011, and of the International Convention on the Elimination of All Forms of Racial Discrimination, and the Rome Statute of the International Criminal Court, also in 2002. The Committee also welcomed the fact that, following the provisions of Article 37 of the Constitution, international instruments ratified by Djibouti, including the Convention, now take precedence over national laws and could be directly applied in national court proceedings. The Committee noted with satisfaction the establishment of the Commission on Legal and Judicial Reforms in August 2011 with a mission to modernize legislation and harmonize it with the obligations including the Convention against Torture and Other Cruel Treatment or Punishment, and noted with appreciation that the State party abolished the death penalty in 1995.

However, despite the explanations given during the dialogue, the Committee remained concerned by the lack of a thorough investigation into the arrest of over 300 people during the demonstrations that took place February 18, 2011, in which many persons were tortured and badly treated by the police. The Committee remained deeply concerned about reports of overcrowding, poor hygiene and sanitation, and lack of adequate food and water in places of detention. The Committee regretted the lack of information on basic legal rights of people with a mental disability, and the lack of a juvenile justice system. The Committee was also concerned that the National Eligibility Commission was not functioning adequately and that applicants for refugee status or asylum remained legally undefined for long periods, and under the risk of expulsion.

The Committee urged Djibouti to immediately conduct independent, impartial and thorough investigations into the February 18 2011 incident, to bring to justice the perpetrators of potential violations of the Convention and provide adequate compensation to victims and their families. The Committee also recommended that Djibouti establish an independent and effective monitoring and inspection system for places of detention. Djibouti should also strengthen cooperation with non-governmental organizations and support them to conduct independent monitoring of conditions in prisons and places of detention. The State party should take immediate and effective measures to ensure that all detainees received all fundamental legal safeguards from the offset of their detention, including persons with mental disabilities and juveniles. The Committee recommended that the State party establish a juvenile justice system, and also ensure the adequate function of the National Eligibility Commission for asylum seekers and refugees.

Germany

The Committee welcomed the ratification by Germany of multiple international instruments on areas including trafficking in persons, enforced disappearance and also the Optional Protocol of the Convention Against Torture. The Committee also welcomed new legislation on the intelligence services and preventative detention, a joint operation to identify potential victims of trafficking among asylum-seekers and the existence of a vibrant civil society that significantly contributed to the monitoring of torture and ill-treatment.

The Committee’s principal subjects of concern included the absence of provisions adequately criminalizing acts of torture in the context of general criminal law, and a “dark field of undetected cases” of trafficking, as acknowledged by the State party and as evidenced by low number of such crimes registered by the police as compared to non-governmental estimates. The Committee welcomed the reported discontinuance of the practice of interrogation of terrorism suspects by German intelligence agents abroad, but was concerned about whether that commitment extended to private security companies. The Committee was concerned that police officers were not obliged, with the exception of Brandenburg and Berlin, to wear identification badges showing their number or name during the exercise of their functions: a practice that had reportedly hindered in many cases the investigation and accountability of the police officers allegedly implicated in ill-treatment, including the incidents of the excessive use of force in the context of demonstrations.

The Committee recommended that the State party include torture as a specific offence in its general criminal law and ensure its definition encompassed all elements of article 1 of the Convention. The Committee urged the State party to prevent and promptly, thoroughly and impartially investigate, prosecute and punish trafficking in persons and related practices, while providing assistance to victims and regular training to the relevant police, prosecutors and judges, and also inform the general public on the criminal nature of such acts. The Committee also recommended that the State party apply the ban on investigation abroad to all the authorities and entities engaged in law enforcement, including private security companies, when there was a suspicion of coercion being used. It recommended that members of the police be effectively identified at all times when carrying out their law enforcement functions.

Madagascar

The Committee welcomed the ratification by Madagascar of the Rome Statute of the International Criminal Court in 2008 and Convention No. 105 of the International Labour Organization on the abolition of forced labour in 2007. It noted the commitment of Madagascar to ratify the Optional Protocol to the Convention against Torture and develop an action plan for implementation of the recommendations of the Universal Periodic Review, including appropriate measures to effectively combat torture and ill-treatment. The Committee also noted the prohibition of torture as sanctioned by the Malagasy Constitution, the de facto moratorium on the death penalty, and following the political crisis of 2009, the signing of a "roadmap to end the crisis" in September 2011, which resulted in the appointment of a consensus prime minister to return national institutions to normal functions.

The Committee was concerned about the numerous allegations of violations of human rights since the crisis, including torture, summary and extrajudicial executions and enforced disappearances that had not been investigated and prosecuted. The Committee was also concerned about the systematic use by the population of the traditional or customary justice system, Dina, which could result in cases of torture and summary or extrajudicial executions.

The Committee recommended that Madagascar should conduct thorough and impartial independent investigations into all human rights violations to ensure that perpetrators were effectively prosecuted and punished. In addition, the Committee recommended that Madagascar enhance efforts to ensure that detainees received all fundamental legal safeguards from the outset of their detention. Those guarantees included the right of detainees to be informed of their rights and the charges against them, to quickly benefit from the assistance of counsel and, if necessary, legal assistance, to undergo an independent medical examination, and to be brought promptly before a judge. The Committee also recommended that Madagascar improve prison conditions to meet the Standard Minimum Rules for the Treatment of Prisoners. Madagascar should ensure that the customary law Dina was consistent with human rights obligations, particularly those under the Convention.

Morocco

The Committee welcomed the actions taken by Morocco during the period covered by the fourth periodic report, including the ratification of the International Convention for the Protection of All Persons against Enforced Disappearances in 2009, of the Convention on the Rights of Persons with Disabilities and its Optional Protocol in 2009, and the Protocol against the Smuggling of Migrants by Land, Sea and Air, and the Convention Against Organized Crime in 2011. The Committee welcomed the adoption of a new Constitution, by referendum in July 2011, which included the prohibition of torture and fundamental guarantees for persons arrested, detained, prosecuted or convicted. The Committee also welcomed the creation of a National Human Rights Council in March 2011, and the moratorium on the death penalty.

The Committee noted with concern that numerous and frequent allegations of torture were rarely investigated and prosecuted and that a climate of de-facto impunity had apparently been introduced for officials accused of such acts, particularly acts committed during the period 1956-1999, since so far no person had been prosecuted. The Committee expressed grave concern over the evacuation of camp Gdeim Izik in November 2010, during which several people were killed and hundreds arrested, and the lack of impartial and effective investigations into the event. The Committee was also concerned about the existence of secret detention facilities, despite assurances from the State party, and in particular about allegations that a new secret prison had been built at Ain Aouda, near the capital Rabat, in order to detain terrorist suspects.

Morocco should ensure that the National Human Rights Council, which had been mandated to complement the work of the Equality and Reconciliation Commission, made greater effort to investigate disappearances of persons between 1956 and 1999 which had not yet been clarified, including cases relating to the Western Sahara region. Morocco should intensify its efforts to ensure that victims of torture and ill-treatment received fair and adequate compensation and rehabilitation. The Committee recommended that Morocco revise its anti-terrorism legislation to more clearly define terrorism, and ensure that any person arrested and detained received his fundamental rights, including access to a lawyer, a doctor, that his family received information about the arrest and his whereabouts, and presentation to a judge. Morocco should under no circumstances to expel, return or extradite a person to another State when there were substantial grounds for believing that the person could be subjected to torture. Morocco should meet its international obligations and comply with decisions of the Committee concerning individual cases submitted to it.

Paraguay

Regarding the periodic report of Paraguay, the Committee noted with satisfaction that since the previous report, Paraguay had acceded to a large number of international instruments, including the Rome Statute of the International Criminal Court, the Optional Protocol on the Abolition of the Death Penalty, the Convention on the Protection of All Persons against Enforced Disappearance and the Optional Protocol to the Convention against Torture. It welcomed the recent visit to the country of the Subcommittee on Prevention of Torture. The Committee noted efforts made by Paraguay to reform legislation in order to follow previous recommendations of the Committee and to improve the implementation of international treaties in the field of human rights.

The Committee expressed concerned about the lack of respect of the human rights of detainees in practice, particularly regarding a detainee’s access to a lawyer from the first moments of detention, access to independent medical examinations, that the detainee’s family be informed of the arrest, and that the detainee be informed of his rights upon arrest. The Committee was concerned about the lack of respect for the maximum period of preventive detention, and by the repeated imposition of a state of emergency in parts of the country.

The Committee called for compliance with the absolute prohibition of torture in all circumstances and recommended that Paraguay accelerate the implementation of the national preventive mechanism law and adopt a definition of torture consistent with the Convention, while ensuring that the penalties for committing acts of torture were appropriate and reflected the severity of the crime. The State party should provide free legal assistance from the first moments of detention to all persons who could not afford legal advice, and was urged to ensure that any statement obtained through torture was inadmissible in a court of law. The Committee recommended that Paraguay take immediate steps to eradicate any corruption in the police and prison system, and take action to prevent and fight against impunity, by ensuring that all allegations of torture or ill-treatment are investigated promptly and impartially by an independent body, that all perpetrators of acts of torture are prosecuted and those convicted are subject to penalties that reflected the seriousness of their actions. Finally Paraguay should ensure that victims received adequate compensation and as complete a rehabilitation as possible.

Sri Lanka

The Committee welcomed Sri Lanka’s ratification of the Optional Protocol to the Convention on the Rights of the Child and the United Nations Convention against Transnational Organized Crime. The Committee noted the efforts undertaken by Sri Lanka to reform its legislation, including the new Prevention of Domestic Violence Act and new legislation which made it a penal offence to engage and recruit a child for use in armed conflict, child labour, child trafficking and child pornography. The Committee also noted the establishment of the Lessons Learnt and Reconciliation Commission to deal with issues rising from the 30 year conflict in the State party.

The Committee remained seriously concerned about continued and consistent allegations of widespread use of torture and other cruel, inhuman or degrading treatment of suspects in police custody, especially to extract confessions or information to be used in criminal proceedings, including acts taking place after the Military Conflict ended in May 2009. The Committee also expressed serious concern about reports of secret detention centres run by the Sri Lankan military intelligence groups where enforced disappearances, torture and extrajudicial killings had allegedly been perpetrated, and about the 475 new cases of enforced disappearance transmitted by the Working Group on enforced or involuntary disappearances to the State party. The Committee was concerned about the deplorable levels of overcrowding and poor conditions prevailing at police stations and prisons, and about impunity for acts of torture and ill-treatment. The Committee expressed grave concern about allegations of sexual exploitation and abuse of children by military members of the Sri Lankan contingent of the United Nations Stabilization Mission in Haiti.

As a matter of urgency, the Committee called upon the State party to take immediate and effective measures to investigate all acts of torture and ill-treatment and prosecute and punish those responsible with penalties consistent with the gravity of their acts. The State party should publicly investigate and disclose the existence of any secret detention facilities and the authority under which they had been established; it should abolish any such facilities and any perpetrators found responsible should be held accountable, while cases of enforced disappearances should be thoroughly and effectively investigated. The State party should increase its efforts to remedy prison overcrowding, in particular by using alternatives to custodial sentences, expand prison infrastructure and improve conditions, including for juveniles. The State party should conduct investigations into the allegations of incidents of sexual exploitation and abuse by military members of the United Nations Stabilization Mission in Haiti Sri Lankan contingent and report their findings to the United Nations.

Membership and Officers of the Committee

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: Essadia Belmir (Morocco); Alessio Bruni (Italy); Felice Gaer (the United States); Abdoulaye Gaye (Senegal); Claudio Grossman (Chile); Myrna Y. Kleopas (Cyprus); Fernando Mariño Menendez (Spain); Nora Sveaass (Norway); and Xuexian Wang (China).

Luis Gallegos Chiriboga (Ecuador) resigned on 14 October 2011.

Mr. Grossman is the Committee Chairperson; Ms. Belmir, Ms. Gaer, and Mr. Wang are Vice-Chairpersons; and Ms. Sveaass is the Rapporteur.


For use of the information media; not an official record

CAT11/048E