COMMITTEE AGAINST TORTURE CONCLUDES THIRTY-EIGHTH SESSION

The Committee against Torture today concluded its thirty-eighth session and issued its concluding observations and recommendations on reports from Denmark, Luxembourg, Italy, the Netherlands, Ukraine, Japan and Poland, which it reviewed during the session.

Those countries are among the 144 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 addition to submitting the reports, the countries sent delegations before the Committee of 10 independent Experts to answer questions.

Following its review of the fifth periodic report of Denmark, the Committee welcomed Denmark’s ongoing efforts to improve conditions in prisons, as well as efforts to introduce alternative measures to custodial ones, such as the use of electronic monitoring. The Committee noted with particular concern that persons, including persons below 18 years, suspected of offences against the independence and security of the State or against the Constitution and the supreme authorities of the State, could be held indefinitely in solitary confinement during their pre-trial detention. The Committee recommended that Demark ensure prompt and impartial investigations into all complaints or allegations of misconduct by law enforcement officials, in particular when a person had died or had been seriously injured following contact with them.

Among the positive aspects in the fifth periodic report of Luxembourg, the Committee took note with satisfaction, among other things, of the adoption of the Act of 8 September 2003 on the prevention of domestic violence and of the establishment of the Office of an Ombudsman by the Act of 22 August 2003. The Committee remained concerned that administrative detention could also apply in certain cases to asylum-seekers, who were placed in a separate facility within the Penitentiary Centre for as long as 12 months, which could constitute administrative internment without judicial oversight. The Committee strongly reiterated its recommendation that minors should not be placed in adult prisons for disciplinary purposes.

Having reviewed the fourth periodic report of Italy, the Committee noted with satisfaction the ongoing efforts by Italy to reform its legislation, policies and procedures in order to ensure better protection of human rights, including a law of 2003 on “Measures against trafficking in human beings”, and the introduction, in 2002, of the crime of torture in the Military Criminal Code. The Committee was particularly concerned about a new expulsion procedure for both regular and irregular migrants suspected of being involved in terrorist activities, which provided for immediate enforcement of those expulsion orders without any judicial review. The Committee recommended that Italy strengthen measures to ensure prompt, impartial and effective investigations into all allegations of torture and ill-treatment committed by law enforcement officials, and that such investigations should be undertaken by an independent body.

Among positive aspects in the fourth periodic report of the Netherlands, the Committee noted with satisfaction the ongoing efforts undertaken to combat torture and to guarantee the rights of persons not to be subjected to torture, including the incorporation of the definition of torture into the domestic legislation of the European part of the Kingdom and the adoption of new legislation on trafficking of human beings in the Europe part of the Kingdom in January 2005 and in Aruba in May 2006. With regard to the European part of the Kingdom, the Committee was concerned about the difficulties faced by asylum-seekers in substantiating their claims under the accelerated procedure of the 2000 Aliens Act. With regard to Aruba and to the Netherlands (Antilles), the Committee expressed its concern at the excessive length of pre-trial detention and the high number of non-convicted detainees.

Following its consideration of the fifth periodic report of Ukraine, the Committee welcomed the entry into force, in September 2001, of a new Criminal Code, which made torture a punishable offence, as well as the adoption, in 2004, of a new Penal Corrections Code. The Committee was deeply concerned about allegations of torture and ill-treatment of suspects during detention, as well as reported abuses during the period between apprehension and the formal presentation of a detainee to a judge. The Committee recommended that Ukraine pursue efforts to reform the General Prosecutor’s office, and that it separate the function of criminal prosecution from the function of supervision of investigations into allegations of torture and ill-treatment.

Among positive aspects in the initial report of Japan, the Committee noted the establishment of new mechanisms aimed at increasing the transparency of detention facilities and preventing the recurrence of violence, such as the Board of Visitors for Inspection of Penal Institutions. The Committee was deeply concerned with the prevalent and systematic use of the Daiyo Kangoku, substitute prison system, for the prolonged detention of arrested persons even after they had appeared before a court, which, coupled with insufficient procedural guarantees, increased the possibilities of abuse of detainees’ rights. With reference to survivors of Japan’s military sexual slavery practices during the Second World War, the Committee recommended that Japan take measures to provide education to address the discriminatory roots of sexual and gender-based violations, and that it provide rehabilitative measures to the victims, including steps to prevent impunity.

Having considered the fourth periodic report of Poland, the Committee noted with satisfaction that, since it presented its last report, Poland had ratified or acceded to a number of international human rights conventions and protocols, including the Optional Protocol to the Convention against Torture. The Committee was concerned about reports on the excessive use of force by law enforcement officials, with particular reference to the incidents that had occurred in Lódz in May 2004 and the use of penetrating ammunition "by error". The Committee was also concerned at allegations regarding the existence in the territory of Poland of secret detention facilities for aliens suspected of terrorist activities. The Committee urged Poland to share information about the scope, methodology and conclusions of the enquiry into those allegations conducted by the Polish Parliament.

In addition to reviewing country reports in public 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 are accepted only if they concern the 62 States that have declared the Committee competent to receive complaints under article 22 of the Convention.

On 15 May, the Committee also held a public meeting with States parties to discuss its working methods, with a view to finding synergies and optimizing the work of the Committee to better promote and protect human rights. A number of key issues of concern for the Committee and of States parties were highlighted, including the need to either increase the number of Committee members, or to hold more sessions per year, in order for the Committee to cope with its workload and to clear its backlog, and a desire for clarification and institutionalization of the relationship between the Committee and the Sub-Committee on the Protection of Torture.

Also during its session, the Committee discussed the issue of follow-up to individual communications and to concluding observations, and it was observed that both of those relatively new procedures were already beginning to bear fruit: steps to improve human rights were being taken or had been accelerated by States parties, and the response level from States parties on those issues was overall very good.

On 16 May, the Committee completed a second reading of a draft General Comment on Article 2 of the Convention, which requires States parties to take effective legislative, administrative, judicial or other measures to prevent acts of torture in any territory under its jurisdiction. The draft General Comment focuses on the absolute nature of the prohibition against torture; the content of the obligation to prevent torture; and the scope of State parties' obligations in that regard. The Committee adopted a revised draft to be sent to States parties, non-governmental organizations, and others for comments, with a view to preparing a final text for adoption by the Committee at its next session.

The Committee’s next session will be held from 5 to 23 November 2007 during which it is scheduled to examine reports from Norway, Estonia, Portugal, Australia, Benin, Uzbekistan and Latvia.

Observations and Recommendations on Country Reports

Denmark

Following its review of the fifth periodic report of Denmark, the Committee welcomed Denmark’s ongoing efforts to improve conditions in prisons, as well as efforts to introduce alternative measures to custodial ones, such as the use of electronic monitoring. With regard to traumatized refugees and their families residing in Denmark, the Committee noted with appreciation funds allocated to special projects, which were set to run until 2010, to facilitate their rehabilitation and improve their living conditions. It welcomed Denmark’s cooperation with non-governmental organizations engaged in eradicating torture and providing assistance and rehabilitation to victims of torture in Denmark and internationally. The Committee further commended Denmark for its global efforts to promote respect for human rights, in particular to combat and eradicate torture, including by promoting the universal ratification of the Optional Protocol to the Convention, which Denmark had been early to ratify in 2004.

The Committee reiterated its concern regarding the absence of a specific offence of torture, consistent with the Convention, in Danish criminal law, and regretted Denmark’s decision to exclude a special provision of torture from the new Military Criminal Code. The Committee remained concerned at the placement of persons in prolonged solitary confinement during pre-trial detention. It noted with particular concern that persons, including persons below the age of 18 years, suspected of offences against the independence and security of the State or against the Constitution and the supreme authorities of the State, could be held indefinitely in solitary confinement during their pre-trial detention.

Concerned about allegations of violations committed by law enforcement officials and, in particular, that the impartiality of subsequent investigations had been questioned, the Committee recommended that Denmark ensure that all allegations of violations committed by law enforcement officials, and in particular, any deaths in detention, be investigated promptly, independently and impartially. It should also ensure the right of victims of police misconduct to obtain redress and fair and adequate compensation. In that connection, Denmark should expedite the ongoing review process and provide the Committee with detailed information on the results of that process. The Committee was also concerned at reports of alleged excessive use of force by law enforcement officials during the "Ungdomshus" Youth House riots in Copenhagen in March 2007, as well as reports suggesting that a number of persons had been killed by Danish law enforcement officials over the past two years. Demark should review the existing framework to handle allegations of excessive use of force by law enforcement officials; should ensure prompt and impartial investigations into all complaints or allegations of misconduct, in particular when a person had died or had been seriously injured following contact with them; and should review and strengthen its education and training programmes relating to the use of force, including the use of weapons, by law enforcement officials in order to ensure that the use of force was strictly limited to that required to perform their duties.

Luxembourg

Among the positive aspects in the fifth periodic report of Luxembourg, the Committee took note with satisfaction of a number of things, including: the adoption of the Act of 8 September 2003 on the prevention of domestic violence; the establishment of the Office of an Ombudsman by the Act of 22 August 2003; the establishment of a children’s rights committee on 25 July 2002; the introduction of a new charter of ethics within the Grand Ducal Police Force on 1 January 2006; the announcement by the delegation that a draft law prohibiting all acts of physical and sexual violence within the family, including genital mutilation, was before the Parliament; the guarantees contained in the Grand Ducal Regulation listing safe countries of origin within the framework of the 5 May 2006 law on the right of asylum and complementary forms of protection; the excellent cooperation between State authorities and human rights non-governmental organizations, in particular in the framework of assistance to aliens in administrative detention; and the regular and increasing contributions of Luxembourg to the United Nations Voluntary Fund for Victims of Torture.

With respect to non-refoulement and the treatment of persons in State custody, the Committee remained concerned that administrative detention could also apply in certain cases to asylum-seekers, who were placed in a separate facility within the Penitentiary Centre for as long as 12 months, which could constitute administrative internment without judicial oversight. With regard to the particular circumstances surrounding the forced deportation of Igor Beliatskii, the Committee regretted that Luxembourg had not ordered a formal investigation to clarify the recourse of the immigration officials in that case to certain measures such as the use of a mask and a bodycuff, which could constitute degrading treatment of the person deported. The Committee was further concerned by information received according to which foreigners in detention were subject to arbitrary behaviour and racist or xenophobic insults by law enforcement personnel or prison staff. Finally, the Committee regretted the continuance of the disciplinary measure whereby individuals were subject to strict confinement to their cells, and the expressed intention of Luxembourg to continue that practice. The Committee strongly reiterated its recommendation that such a regime be expressly and rigorously regulated by law, and that judicial oversight be reinforced, with a view to the eventual elimination of that practice.

Regarding the treatment of juveniles in conflict with the law and troubled juveniles, the Committee strongly reiterated its recommendation that minors not be placed in adult prisons for disciplinary purposes. Moreover, Luxembourg had to take the necessary measures to ensure that the secure unit of the Dreiborn State socio-educational centre was completed as soon as possible and that, in the interim, juveniles were kept strictly separate from adults. In addition, Luxembourg should separate minors in conflict with the law from minors with social or behavioural problems, should avoid at all cost minors from being judged as adults, and should put in place an independent monitoring mechanism tasked with periodically inspecting juvenile institutions.

Italy

Having reviewed the fourth periodic report of Italy, the Committee noted with appreciation that, since its last report, Italy had ratified a number of international instruments, including the Convention against Transnational Organized Crime and its Protocol to Prevent, Suppress and Punish Trafficking in Persons, Especially Women and Children (August 2006); and the Rome Statute of the International Criminal Court (July 1999). The Committee also noted with satisfaction the ongoing efforts by Italy to reform its legislation, policies and procedures in order to ensure better protection of human rights, including the right not to be subjected to torture and other cruel, inhuman or degrading treatment or punishment, including: a law of 2006 on the prohibition of female genital mutilation; a law of 2003 on “Measures against trafficking in human beings”; the introduction, in 2002, of the crime of torture in the Military Criminal Code; the establishment of the Committee for the Protection of Foreign Minors to set the methods and modalities for the reception and temporary protection of unaccompanied foreign minors at the national level; and the establishment of the National Anti-Racial Discrimination Office, which started its activities in September 2004.

The Committee was concerned at allegations that fundamental legal safeguards for persons detained by the police, including the right of access to a lawyer, were not being observed in all situations. In that respect, the Committee was concerned that Act. No. 155/2005 (the “Pisanu Decree”) included a provision that extended the permissible period of deprivation of liberty by the police for identification purposes from 12 to 24 hours. Furthermore, an accused person could be held in detention for five days under a reasoned decree adopted by an investigating judge before being allowed to contact an attorney. The Committee was particularly concerned that Article 3 of the “Pisanu Decree” had introduced a new procedure of expulsion for both regular and irregular migrants suspected of being involved in terrorist activities, which provided for immediate enforcement of those expulsion orders, without any judicial review. In that context, the Committee recalled the absolute nature of the right of persons not to be expelled to a country where they might face torture or ill-treatment, and urged Italy to reconsider that new expulsion procedure.

With regard to universal jurisdiction, the Committee was concerned at the way in which the authorities had conducted proceedings in respect of the incidents in Somalia involving Italian troops, as well as the lack of detailed information on the progress and result of the judicial proceedings resulting from those incidents, as previously requested by the Committee. It also noted with concern continued allegations of excessive use of force and ill-treatment by law enforcement officials, in particular during the demonstrations in Naples (March 2001) in the context of the Third Global Forum, the G-8 Summit in Genoa (July 2001) and in Val di Susa (December 2005). The Committee was further concerned at the number of reports of ill-treatment by law enforcement agencies, the limited number of investigations carried out in such cases, and the very limited number of convictions. Among other things, the Committee recommended that Italy strengthen measures to ensure prompt, impartial and effective investigations into all allegations of torture and ill-treatment committed by law enforcement officials and that such investigations should be undertaken by an independent body. Italy should also strengthen its efforts in respect of compensation, redress and rehabilitation provided to victims, and should develop a specific programme of assistance in respect of victims of torture and ill-treatment. Furthermore, Italy should intensify its efforts to combat discrimination against and ill-treatment of vulnerable groups, including the Roma, foreigners and Italians of foreign origin.

The Netherlands

Among positive aspects in the fourth periodic report of the Netherlands, the Committee noted with satisfaction the ongoing efforts undertaken to combat torture and to guarantee the rights of persons not to be subjected to torture and other cruel, inhuman or degrading treatment or punishment in the Kingdom of the Netherlands, in particular: the incorporation of the definition of torture into the domestic legislation of the European part of the Kingdom; the entry into force of an amendment of the Dutch Civil Code in April 2007 which prohibited physical and mental violence "for educational purposes", including in the family environment; the adoption of new legislation on trafficking of human beings in the European part of the Kingdom in January 2005 and in Aruba in May 2006; the establishment of the Internal Investigations Bureau to receive and investigate complaints and reports of ill-treatment by police officers in Aruba; the reported improvement of prison conditions in the Netherlands Antilles; and the notable work undertaken by the NOVO team to bring to justice perpetrators of acts of torture and war crimes. The Committee also welcomed the assurances given by the delegation of the Netherlands that the Optional Protocol to the Convention against Torture would be ratified in the second half of 2007.

With regard to the European part of the Kingdom of the Netherlands, the Committee was concerned that persons in police detention did not have access to legal assistance during the initial period of interrogation. The Committee was also concerned about the difficulties faced by asylum-seekers in substantiating their claims under the accelerated procedure of the 2000 Aliens Act, which could lead to a violation of the non-refoulement principle provided for in article 3 of the Convention. The Committee was particularly concerned, among other things, that the time provided for legal assistance between the issuance of the report from the first interview and the Immigration and Naturalization Service’s decision was allegedly only five hours; that an asylum-seeker might not be assisted by the same lawyer throughout the proceedings; and the appeal procedures only provided for a "marginal scrutiny" of rejected applications and that the opportunity to submit additional documentation and information was restricted. Moreover, the Committee noted with concern that medical reports were not taken into account on a regular basis in the Dutch asylum procedures and that the application of the Istanbul protocol was not encouraged.

With regard to Aruba and in the Netherlands (Antilles), the Committee expressed its concern at the excessive length of pre-trial detention and the high number of non-convicted detainees. With specific regard to the Netherlands (Antilles), measures should be taken to urgently ensure that juveniles were separated from adult offenders; that educational and training programmes to help the social reintegration of juveniles were provided; and that prompt action to implement a new classification of inmates and allocation of cells was undertaken. Concerned at the Netherlands’ indication that information related to sexual abuse or assault in the Aruban prison rarely reached the prison board, and that victims were not likely to lodge complaints for privacy concerns, the Committee recommended that the Netherlands put in place specific mechanisms to receive complaints of sexual abuse that would ensure the privacy of victims and protect both victims and witnesses against ill-treatment or intimidation as a consequence of the complaint. The Committee was also concerned at the number of reports of assaults committed by Aruban law enforcement officials and that, as reported by the State party, of the 49 cases lodged at the Internal Investigations Bureau between 2005 and 2007, only 2 had been dealt with in court, and those had not led to a conviction due to insufficient evidence. The Netherlands should take all appropriate measures to send a clear and unambiguous message to the Police Force and to prison staff that torture, violence and ill-treatment were unacceptable.

Ukraine

Following its consideration of the fifth periodic report of Ukraine, the Committee welcomed the entry into force, on 1 September 2001, of a new Criminal Code, which, inter alia, made torture a punishable offence, as well as the adoption, in 2004, of a new Penal Corrections Code. With regard to the prevention of torture, the Committee welcomed the declaration made in September 2003, under articles 21 and 22 of the Convention, that Ukraine recognized the competence of the Committee to receive and consider individual communications, as well as the withdrawal of Ukraine’s reservation to article 20 of the Convention and its ratification of the Optional Protocol to the Convention, in September 2006. The Committee further welcomed Ukraine’s efforts to cooperate on human rights issues with non-governmental organizations, and encouraged it to further strengthen that trend with regard to the implementation of the provisions of the Convention.

The Committee was deeply concerned about allegations of torture and ill-treatment of suspects during detention, as well as reported abuses during the period between apprehension and the formal presentation of a detainee to a judge, thus providing insufficient legal safeguards to detainees, including: detentions taking place without court warrants; failure to bring detainees promptly before a judge within the 72-hour limit; restricted access to lawyers and independent doctors; and misuse of so-called administrative detention, for a period up to 15 days, for the purpose of criminal investigation during which detainees were deprived of procedural guarantees. Furthermore, the Committee was concerned by the failure to initiate and conduct prompt, impartial and effective investigations into complaints of torture and ill-treatment. The Committee recommended that Ukraine pursue efforts to reform the General Prosecutor’s office to ensure its independence and impartiality, and that it separate the function of criminal prosecution from the function of supervision of investigations into allegations of torture and ill-treatment; that it establish an effective and independent oversight mechanism; and that it ensure that detainees who complained about allegations of torture were protected from reprisal. The Committee was also concerned about the reported use of masks by the anti-terrorist unit inside prisons, resulting in the intimidation and ill-treatment of inmates.

Concerned about the persistence of trafficking in women and children, and the extremely low level of cases of domestic violence brought to justice despite the high reported incidence of such cases, the Committee recommended that Ukraine strengthen measures to prevent and combat trafficking and domestic violence, and provide protection for victims and their access to medical, social rehabilitative and legal services, including counselling services. Ukraine should also ensure prompt, impartial and effective investigations into all ethnically motivated violence and discrimination; prosecute and punish perpetrators; and give prompt consideration to expanding the recruitment of persons belonging to ethnic and national minorities into law enforcement. Concerned about reports of refoulement of asylum-seekers without appropriate consideration of their individual cases, the Committee recommended that Ukraine adopt the draft laws “On Refugees, Persons Eligible for Complementary and Temporary Protection” and “On Introduction of Amendments to the Law of Ukraine on the Legal Status of Foreign and Stateless Persons”; that it adopt asylum procedures in accordance with international standards; and that Ukraine improve detention conditions, including by the use of alternative measures.

Japan

Among positive aspects in the initial report of Japan, the Committee welcomed the adoption of the law amending the Immigration Control and Refugee Recognition (in 2004); and the Act on Penal and Detention Facilities and the Treatment of Inmates (in 2005), as revised in June 2006. The Committee noted the establishment of new mechanisms aimed at increasing the transparency of detention facilities and to prevent the recurrence of violence, such as the Board of Visitors for Inspection of Penal Institutions and the Review and Investigation Panel on Complaints by Inmates in Penal Institutions. The Committee welcomed the announcement of the establishment, as of June 2007, of the Board of Visitors for Inspection of Police Custody. Furthermore, the Committee welcomed the activities of the Corrections Bureau concerning training curricula and practice for penal institution staff, which now included human rights standards as well as behaviour science and psychology. The Committee also welcomed actions taken by Japan to combat trafficking, in particular the adoption of the National Plan of Action to Combat Trafficking in Persons of December 2004.

With regard to non-refoulement protections, the Committee was concerned that the 2006 Immigration Control and Refugee Recognition Act did not expressly prohibit deportation to countries where there was a risk of torture; that there was no independent body to review refugee applications; and that there had been numerous allegations of violence, unlawful use of restraining devices for deportation, abuse, sexual harassment, and lack of access to proper healthcare in landing prevention facilities and Immigration Detention Centres. So far, only one case had been recognized as ill-treatment in Immigration Detention Centres. Also of concern were insufficient guarantees of access to judicial review for all asylum-seekers; and the undue length of time asylum-seekers spent in custody between the rejection of the asylum application and deportation. The Committee was also deeply concerned with the prevalent and systematic use of the Daiyo Kangoku, substitute prison system, for the prolonged detention of arrested persons even after they had appeared before a court, and up to indictment, which, coupled with insufficient procedural guarantees for the detention and interrogation of detainees, increased the possibilities of abuse of their rights, and might lead to a de facto non-respect of the principles of presumption of innocence, the right to silence and the right of defence. As a matter or priority, Japan should amend its legislation to ensure complete separation between the functions of investigation and detention; limit the maximum time detainees could be held in police custody in line with international minimum standards; ensure that legal aid was made available to all persons detained from the moment of arrest; and ensure prompt access to appropriate medical care to persons while in police custody. The Committee was also deeply concerned about the large number of convictions in criminal trials based on confessions, in particular in the light of the lack of effective judicial control over the use of pre-trial detention.

With regard to solitary confinement, the Committee was concerned about the de facto absence on a time limit for that practice; the number of detainees who had been in isolation for over 10 years; the lack of effective recourse procedures against decisions imposing solitary confinement; and the absence of criteria to determine the need for solitary confinement. The Committee was deeply concerned about a number of provisions concerning individuals sentenced to death which could amount to torture or ill-treatment, in particular the principle of keeping death row prisoners in solitary confinement after the final sentence was handed down, in some cases exceeding 30 years; and the fact that prisoners were notified of their execution only hours before it is due to take place. The Committee was also concerned about the inadequate remedies for the victims of sexual violence, including in particular survivors of Japans’s military sexual slavery practices during the Second World War, and the failure to carry out effective educational and other measures to prevent sexual-violence and gender-based breaches of the Convention. Continuing official denial, failure to prosecute, and failure to provide adequate rehabilitation all contributed to Japan’s failure to meet its obligations under the Convention to prevent torture and ill-treatment. The Committee recommended that Japan take measures to provide education to address the discriminatory roots of sexual and gender-based violations, and that it provide rehabilitative measures to the victims, including steps to prevent impunity.

Poland

Having considered the fourth periodic report of Poland, the Committee noted with satisfaction that, since the consideration of the last periodic report, Poland had ratified or acceded to a number of international human rights conventions and protocols, including the Optional Protocols to the Convention of the Rights of the Child on the involvement of children in armed conflict, and on the sale of children, child prostitution and child pornography (in 2005); and the Optional Protocol to the Convention against Torture (on 22 June 2006). The Committee also noted with appreciation the ongoing efforts at the State level to reform Polish legislation, policies and procedures in order to ensure better protection of human rights, including the right not to be subjected to torture and other cruel, inhuman or degrading treatment or punishment, including: the Law of June 2003 Granting Protection to Aliens on the Territory of Poland; the ongoing National Plan for Combating and Preventing Trafficking in People; and the National Programme for the Prevention of Racial Discrimination, Xenophobia and Related Intolerance established in 2003.

The Committee expressed its concern at the length of pre-trial detention, which could last up to two years, and at the fact that Polish legislation did not establish a time limit for pre-trial detention upon the commencement of the court proceedings. Poland should take effective measures to ensure that all fundamental legal safeguards for persons detained by the police, particularly the right to access a lawyer and to consult with him or her in private, were respected from the very outset of detention. Moreover, the Committee urged Poland to take effective steps to expedite the adoption of the law on access to free legal aid. The Committee expressed concern at persistent allegations of the involvement of Poland in extraordinary renditions in the context of the fight against international terrorism. In that regard, Poland should apply the non-refoulement guarantee to all detainees in its custody and always ensure that suspects had the possibility to challenge decisions of refoulement. With regard to detention of asylum-seekers and other non-citizens, Poland should take the necessary measures to ensure that the detention of aliens in transit zones was not excessively protracted and that, if the detention were to be extended beyond a few days, that that decision be adopted by a court. It should also review the regime and material conditions of deportation jails, including the sizes of cells and the regime of activities of the detainees, to ensure that they were in conformity with minimum international standards.

The Committee was concerned about reports on the excessive use of force by law enforcement officials, with particular reference to the incidents that had occurred in Lódz in May 2004 and the use of penetrating ammunition "by error". The Committee was particularly concerned that the investigation was still under way, as well as by the lack of information on disciplinary measures imposed on the police officers held responsible and currently under investigation. The Committee was also concerned at allegations regarding the existence in the territory of Poland of secret detention facilities for aliens suspected of terrorist activities. While noting the statement by the Polish delegation emphatically refuting all allegations, the Committee urged Poland to share information about the scope, methodology and conclusions of the enquiry into those allegations conducted by the Polish Parliament. The Committee also recommended that Poland incorporate in its Penal Code an offence to punish hate crimes as acts of intolerance and incitation to hatred and violence based on sexual orientation. Moreover, training curricula and administrative directives should constantly communicate to staff the message that incitation to hatred and violence would not be tolerated and would be sanctioned accordingly.

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: Essadia Belmir (Morocco); Luis Benigno Gallegos Chiriboga (Ecuador); Guibril Camara (Senegal); Felice Gaer (the United States); Claudio Grossman (Chile); Fernando Mariño Menendez (Spain); Andreas Mavrommatis (Cyprus); Nora Sveaass (Norway); Xuexian Wang (China); and Alexander Kovalev (Russian Federation).

Mr. Mavrommatis is the Committee Chairman; Mr. Camara, Mr. Grossman and Mr. Kovalev are Vice Chairmen; and Ms. Gaer is the Committee Rapporteur.