COMMITTEE AGAINST TORTURE CONCLUDES FORTY-SECOND SESSION

The Committee against Torture concluded its forty-second session this afternoon, issuing its concluding observations and recommendations on reports from Chad, Chile, Honduras, Israel, New Zealand, Nicaragua and the Philippines, which it reviewed during the session.

Those countries are among the 146 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.

In its conclusions and recommendations on the initial report of Chad, the Committee took note of the programme for the reform of the judiciary adopted in 2005, which, inter alia, would look at issues of impunity and corruption. Of deep concern were persisting complaints of torture and ill-treatment at the hands of law enforcement agents and the security service, as well as the apparent impunity that perpetrators enjoyed. Chad should implement as a matter of priority the 2005 programme for judicial reform.

Having examined the fifth periodic report of Chile, the Committee noted with satisfaction Chile’s ratification of the Optional Protocol to the Convention. Of concern were numerous complaints indicating the persistence of abusive actions by State agents against indigenous peoples. Chile should introduce legislative reforms with regard to the police to guarantee that no act committed by the police in contravention of the Convention would remain unpunished.

Among positive aspects in the initial report of Honduras, the Committee noted the entry into force of the new Code of Criminal Procedure in 2002, introducing a system of legal proceedings based on oral and public hearings. The Committee was concerned at the lack of reparations made to victims and their families for forced disappearances prior to 1982, as well as fresh complaints of forced or involuntary disappearances. Honduras had to establish an independent supervisory mechanism for allegations of violations by all State agents.

Regarding the fourth periodic report of Israel, the Committee noted with appreciation the appointment of the Israel Prison Service in charge of many Israeli detention facilities that had formerly been controlled by the military and the police. It was concerned that the “necessity defence” exception [to the use of physical force during interrogations] might still arise in cases of “ticking bombs”, and that, according to official data, 90 Palestinian detainees had been interrogated under the “ticking bomb” exception between September 1999 and July 2002. With regard to the recent Gaza invasion, Israel should conduct an independent inquiry to ensure a prompt, independent and full investigation into the responsibility for the harmful impacts on civilians and should make the results public.

Having examined the fifth periodic report of New Zealand, the Committee noted with appreciation the ratification of the Optional Protocol to the Convention. The Committee was concerned at the over-representation of Maoris at all levels of the criminal justice process, as well as at the insufficient safeguards to protect minorities from discrimination and marginalization, which put them at a higher risk of torture and ill-treatment. New Zealand should ensure that, where there was reasonable ground to believe that an act of torture had been committed, impartial and effective investigations would be launched immediately.

Among positive aspects in the initial report of Nicaragua, the Committee expressed satisfaction at the creation of the post of Special Procurator for Prisons in 2006, with the aim of monitoring the treatment of detainees. The Committee noted with concern a total absence of cases or sentences handed down regarding torture or ill-treatment in Nicaragua, which gave the appearance of impunity. The Committee said Nicaragua should ensure an effective system for inspection of conditions in all places of detention, including by expanding the mandate of the Special Procurator of Prisons.

In conclusions and observations on the second periodic report of the Philippines, the Committee noted with satisfaction the enactment of the Anti-Violence against Women and Their Children Act. The Committee was deeply concerned about the numerous, ongoing, credible and consistent allegations of routine and widespread use of torture and ill-treatment of suspects in police custody. The Philippines should ensure that all suspects under criminal investigation, including minors, were included in a central register that functioned effectively.

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.

Near the end of its session, on 14 May 2009, the Committee issued a statement on the adoption of its concluding observations, strongly rejecting any allegations that it does not discharge its function in a independent and expert manner. “The Committee considers that unfounded allegations about the Committee, or its individual members, harm the achievement of the Convention’s goals”, the statement noted, recalling that concluding observations are an instrument of cooperation with States parties that reflect the common assessment of the Committee on a particular State party’s obligations under the Convention. The statement also recalled the obligations of States parties to cooperate with the Committee and to respect the independence and objectivity of its members.

At the Committee’s last meeting, it was announced that during the first week of August 2009 Committee Chairperson Claudio Grossman and Committee Expert Fernando Mariño Menendez would undertake a country mission to Senegal, at the invitation of the Government. Also at the last meeting, Committee Experts discussed a draft proposal for a General Comment on the elaboration of systematic approach to the evaluation of evidence for the individual complaints procedure, with particular regard to complaints under article 3 (non-refoulement), and it decided to form a working group to that end. It also held an exchange of views on working methods, including ways of expediting consideration of the backlog of 67 reports before the Committee.

The Committee’s next session will be held from 2 to 20 November 2009, during which it is scheduled to examine reports from Azerbaijan, Colombia, El Salvador, Republic of Moldova, Slovakia, Spain and Yemen.

Conclusions and Recommendations on Country Reports

Chad

In its conclusions and recommendations on the initial report of Chad, the Committee took note with satisfaction of the frankness with which the State party recognized lacunae in its legislation with regard to the eradication of torture and, more generally, with regard to the implementation of the Convention. The Committee also took note of encouraging policies aimed at getting the country out of the current crisis, as well as the programme for the reform of the judiciary, adopted in 2005, which, among others, would look at the issues of training, the fight against impunity and corruption, the harmonization of domestic law with international treaties, and the reform of the Criminal Code and the Code of Criminal Procedure.

The Committee was deeply concerned about persistent complaints of torture and ill-treatment at the hands of law enforcement agents and the security service, in particular in police and Gendarmerie stations and in juvenile correction facilities, as well as the apparent impunity that the perpetrators of such acts enjoyed. It was similarly deeply concerned by the conclusions of the Commission of Inquiry into the events of February 2008, as well as reports from other sources, which cited cases of extrajudicial or summary execution; rape; forced disappearance; torture; cruel, inhuman or degrading treatment; arbitrary arrest; and intimidation and harassment of members of the political opposition, human rights defenders and civilians.

The Committee was also seriously concerned by the scope of sexual violence, including rape, against women and children, in particular in sites for the internally displaced and in refugee camps, which were committed with total impunity by militias, the armed forces, and others. Chad had to amend its law on sexual reproductive health to include sanctions for the perpetrators of sexual crimes or should amend its Criminal Code to cover crimes of sexual violence setting out penalties that were consonant with the gravity of such crimes. In general, the Committee was concerned by the prevailing climate of impunity for those who committed acts of torture, and it called on Chad to demonstrate its firm commitment to eliminate the persistent problems of torture and impunity. In addition, to address dysfunction in the justice system, Chad should implement as a matter of priority the programme for judicial reform approved in 2005 and should seek the assistance of the international community in doing so. It should also ensure appropriate training was provided to all judiciary personnel, and pursue and intensify its efforts to combat corruption in the judiciary, as well as to ensure its total independence.

Chile

Having examined the fifth periodic report of Chile, the Committee noted with satisfaction Chile’s ratification of the Optional Protocol to the Convention, which entered into force on 11 January 2009, as well as Chile’s intention to adopt a new Criminal Code expressly defining the crime of torture. The Committee noted with satisfaction efforts undertaken with regard to establishing the truth, making reparations and providing access to justice for victims of grave human rights violations committed during the dictatorship. In addition, the Committee commended the inclusion within the Forensic Medical Service’s human rights programme of the Manual on Effective Investigation and Documentation of Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment (the Istanbul Protocol). The Committee also noted with satisfaction the decision to extradite former Peruvian President Alberto Fujimori back to Peru.

Noting that Chilean courts, and in particular the Supreme Court, had ruled the Amnesty Decree-Law was inapplicable with regard to individuals responsible for human rights violations committed between 11 September 1973 and 10 March 1978, the Committee observed that the fact that the Decree-Law remained in force meant that its application was left to the discretion of the courts. Moreover, recent decisions of the Supreme Court appeared to take into account the Decree-Law to lessen penalties for serious crimes committed during the dictatorship. The Committee was also concerned that it continued to receive allegations of serious violations committed by the police in carrying out their duties and regretted the legal restrictions against making public information about such acts, which contributed to allowing such acts go unpunished. Other concerns were the continuing impunity for crimes of torture committed under the dictatorship, as well as information on persisting deficiencies in the prisons, in particular with regard to material conditions, overcrowding and abuses in the application of disciplinary sanctions. Of particular concern were numerous complaints indicating the persistence of abusive actions by State agents against indigenous peoples, in particular the Mapuche, and that, at times, Chile had applied the Anti-Terrorist Law with regard to social protests by indigenous peoples.

The Committee recommended that Chile introduce legislative reforms with regard to the police as soon as possible with a view to guaranteeing that no act committed by the police in contravention of the Convention would remain unpunished and ensuring that effective and transparent investigations would be carried out. Chile should also reform its training programmes to ensure that all law enforcement agents were fully aware of the provisions of the Convention. It further recommended that Chile speed up the process of adoption of the law reforming the Code of Military Justice, which placed limits on the material and personal competency of military tribunals. The Committee also reiterated that Chile had to eliminate the principle of due obedience from the Military Code. Considering that the National Commission on Political Prisoners and Torture had not fully accomplished its mandate, the Committee welcomed the draft law creating a National Human Rights Institute that would reopen registration of political prisoners and victims of torture [under the dictatorship], and recommended that the Institute be established promptly to carry out the unfinished work of the former Commission, and that the mandate be enhanced, among others, by including sexual violence as a form of torture

Honduras

Among positive aspects in the initial report of Honduras, the Committee commended the ratification of a number of international instruments, including the Convention on the Rights of Persons with Disabilities; the second Optional Protocol to the International Covenant on Civil and Political Rights abolishing the death penalty; the International Convention for the Protection of All Persons from Enforced Disappearance; and the Optional Protocol to the Convention against Torture. The Committee also noted with satisfaction efforts to reform legislation, policies and procedures to provide better protection against torture and other cruel, inhuman or degrading treatment, including the adoption on 28 September 2008 of the Law on the national prevention mechanism and the entry into force of the new Code of Criminal Procedure in 2002, which introduced a new system of legal proceedings based on oral and public hearings.

In terms of legislation, the Committee was concerned that the Criminal Code still did not include intimidation, coercion of the victim or a third person and discrimination of all kinds as a motive for torture. In addition, members of the armed forces, who were not considered public agents under the Criminal Code, were subject to lighter penalties for a parallel crime under the Military Code. The Committee was also concerned that law enforcement agents frequently did not respect fundamental legal guarantees, including the right of detained persons to be quickly informed of the reason for their detention and of their right to a lawyer, to be examined by a doctor within 24 hours of detention, and to contact their families. It was further concerned at the lack of reparations made to victims and their families for forced disappearances prior to 1982, the insufficiency of the investigation of those disappearances, and fresh complaints of forced or involuntary disappearances, including of minors. The Committee was very concerned by numerous complaints of ill-treatment, torture or excessive use of force during detention and acts of extortion by members of the security forces; a persistently high number of persons, including minors, held in preventive detention for prolonged periods; the fact that many complaints by detainees were never investigated; and the lack of a professional prison system, independent of the national police. Other concerns included obstacles doctors encountered in obtaining access to detainees; the lack of an independent organ charged with monitoring and ensuring the independence of the judiciary; and the socially repressive policy against youth gangs (Maras) allowed for children and youth to be criminalized merely on the basis of their appearance. It was also highlighted that a number of serious allegations against the national police were never investigated, as well as the fact that alleged perpetrators remained in their posts.

The Committee said Honduras had to establish an independent supervisory mechanism for allegations of violations by all State agents. It also had to adopt urgent measures to prevent extrajudicial executions, in particular of minors, as well as of judicial officials, and to carry out systematic, comprehensive and impartial investigations of such complaints. Disaggregated data on all acts of violence, including violence against minors, should be systematically registered. Honduras had to adopt adequate means to send a clear and unambiguous message to all levels of the security forces hierarchy, that torture, the excessive use of force and extortion were unacceptable and to ensure that law enforcement agents only used force when strictly necessary. The Committee made numerous recommendations with regard to improving prison conditions, including the prompt, comprehensive and impartial investigation of detainees’ complaints; and the separation of those in preliminary detention from the convicted. In particular, Honduras should improve its medical services in centres of detention, including for detainees with mental or physical disabilities.

Israel

Regarding the fourth periodic report of Israel, the Committee noted with appreciation the decisions of the Supreme Court of Israel on the case Yisacharov v The Head Military Prosecutor et. al., which called for the exclusion of a confession or evidence obtained unlawfully or in violation of a defendant’s right to fair procedure. Also noted with appreciation was the appointment of the Israel Prison Service as the authority in charge of many Israeli detention facilities, some of which had formerly been controlled by the military and the police. Additionally, the Committee welcomed Israel’s affirmation that training concerning the Convention and the prohibition of torture was conducted in courses for security, police and military officials, including with regard to the Supreme Court’s 1999 ruling on the prohibition on torture, affirming that “these prohibitions are ‘absolute’”.

Notwithstanding Israel’s assurances, the Committee remained concerned that the “necessity defence” exception [to use of physical force during interrogations] might still arise in cases of “ticking bombs”, and that, according to official data published in July 2002, 90 Palestinian detainees had been interrogated under the “ticking bomb” exception since September 1999. The Committee noted repeated claims of insufficient legal safeguards for security detainees and that the Criminal Procedure Law-2006 allowed detention for up to 96 hours of persons suspected of security offences before being brought before a judge, and up to 21 days without access to a lawyer. It regretted that the number of persons held in administrative detention had risen significantly, with 530 Palestinians in administrative detention under Israeli security legislation and, according to non-governmental sources, as many as 700. The Committee further noted with concern that the Unlawful Combatants Law allowed for the detention of non-Israeli “unlawful combatants”, i.e. those “believed to have taken part in hostile activity against Israel, directly or indirectly”, for a period of up to 14 days without any judicial review. Detention orders under that law could be renewed indefinitely; evidence was neither made available to the detainee nor to his lawyer and, although the detainees had the right to petition, the charges against them were also reportedly kept secret. Further concerns were reports of solitary confinement used by prison authorities as a means of encouraging confessions from minors or as a punishment for infractions of prison rules; and numerous, ongoing and consistent allegations of the use of methods by Israeli security officials that were prohibited by the Supreme Court. Moreover, according to Israel, although there were 67 investigations opened by the Inspector for Complaints against ISA interrogators in 2006, and 47 in 2007, none resulted in criminal charges. The Committee was further concerned over the insufficient measures taken to protect the civilian population of the Gaza Strip and to prevent the harm, including many hundreds of deaths of Palestinian civilians, including minors, caused as a result of the Israeli military operation. In addition, the Committee was concerned at the use of weaponry containing phosphorus in a densely populated area and the severe pain and suffering that it had caused, including deaths of persons who reportedly could not be duly treated at hospitals in Gaza, which were unable to provide palliative services for several reasons, including a lack of proper knowledge of the weaponry employed. Moreover, the Committee was seriously concerned at the many allegations from non-governmental sources on degrading treatment at checkpoints, undue delays and denial of entry, including for persons with urgent health needs.

In recommendations, the Committee said Israel should ensure that interrogation methods contrary to the Convention were not utilized under any circumstances. It should also ensure that all allegations of torture and ill-treatment were promptly and effectively investigated and perpetrators prosecuted and, if applicable, appropriate penalties imposed. The Committee reiterated that, according to the Convention, “no exceptional circumstances” including security or a war or threat to security of the state justified torture. Israel should intensify human rights education and training activities for security officials, including training on the prohibition of torture and ill-treatment. Israel should also duly investigate all allegations of torture and ill-treatment at the hand of State security agents by creating a fully independent and impartial mechanism outside the Israeli Security Agency. Finally, Israel should conduct an independent inquiry to ensure a prompt, independent and full investigation into the responsibility of state and non-state authorities for the harmful impact on civilians of Operation Cast Lead (the recent invasion of Gaza), and should make the results public.

New Zealand

Having examined the fifth periodic report of New Zealand, the Committee noted with appreciation, inter alia: the ratification of the Optional Protocol to the Convention, in 2007, and the establishment of National Preventive Mechanisms coordinated by the New Zealand Human Rights Commission; the ratification of the Rome Statute of the International Criminal Court in 2000; the reviews of the legislation governing policing and corrections, which had resulted in improvements to the law in those areas, notably through the Policing Act 2008; the enactment of the Crimes Amendment Act 2007 which repealed the legal defence for the use of reasonable force “by way of correction” and prohibited corporal punishment; and the Abolition of the Death Penalty Act 1989.

The Committee was alarmed at the disproportionately high number of Maoris and Pacific Islands people incarcerated, in particular Maori or Pacific Islands women, who according to information received, represented 60 per cent of the female prison population. The Committee was further concerned at the over-representation of Maoris at all levels of the criminal justice process, as well as at the insufficient safeguards in place to protect the rights of minorities from discrimination and marginalization, which put them at a higher risk of torture and ill-treatment. Another concern was that juvenile offenders were not systematically separated from adult offenders, and in some cases, were still detained in police cells for several months. The Committee was also concerned at the inadequate provision of mental health care and legal services to mentally ill inmates in prisons, as well as at the use by prison authorities of instruments of physical restraint that might cause unnecessary pain and humiliation. In particular, it was concerned that allegations of cruel, inhuman or degrading treatment inflicted by persons acting in an official capacity against children in State institutions and against patients in psychiatric hospitals had not been investigated. Other concerns included that the impartiality of the Independent Police Conduct Authority might be hampered by the inclusion of both current and former police officers; and the introduction of taser weapons in the New Zealand police, which cause severe pain constituting a form of torture, and reports whereby during the trial period tasers were predominantly used on Maoris and youths.

In recommendations, the Committee recalled that the protection of certain minorities or marginalized individuals or populations especially at risk of torture was a part of the obligation of the State party to prevent torture and ill-treatment. New Zealand should therefore take further measures including legal, administrative and judicial measures, to reduce the over-representation of Maoris and Pacific Islands people in prison, in particular women. New Zealand should also ensure that, where there was reasonable ground to believe that an act of torture had been committed, impartial and effective investigations would be launched immediately, even in cases where a commanding officer considered that the allegation was not well-founded, and the crime of torture should not be subject to a 12 months’ statue of limitation. Concerned about the continued prevalence of violence against women, particularly Maori, Pacific and minority women, and the low rates of prosecution and convictions for such crimes, New Zealand should ensure that all reasonable allegations of violence against women were promptly and impartially investigated, alleged perpetrators duly prosecuted, and punished if found guilty. Additional protective measures should also be put in place for women, such as enabling the police to issue protective orders.

Nicaragua

Among positive aspects in the initial report of Nicaragua, the Committee welcomed the ratification of the Optional Protocol to the Convention by Nicaragua on 26 August 2008; the establishment of a National Coalition against Human Trafficking in 2004; the ratification of the Protocol to Prevent, Suppress and Punish Trafficking in Persons, Especially Women and Children to the United Nations Convention against Transnational Organized Crime; and efforts to improve the functioning of the National Prison System, in particular the adoption of Prison System and Enforcement of Sentences Act on 11 September 2003, laying down the rules governing the implementation of sentences and the application of custodial measures on the basis of re-education and social reintegration. In particular, the Committee expressed satisfaction with the creation of the post of Special Procurator for Prisons in 2006, with the aim of monitoring the treatment of detainees.

The Committee noted with concern a total absence of cases or sentences handed down regarding torture or ill-treatment in Nicaragua, which gave the appearance of impunity. Similarly, despite an increase in complaints, 68 per cent of all cases against public officials were declared to be void, and only 4 per cent of complaints were submitted to the Public Prosecutor’s Office. This almost total lack of criminal sanctions could impede the implementation of the Convention. With regard to deprivation of liberty situations, the Committee was concerned by reports that inspections were insufficient and that non-governmental organizations had difficulty in obtaining access to places of detention. While noting measures taken to combat violence against women, the Committee remained concerned about the prevalence of all forms of violence against women and girls and the increase in the cases of femicide in recent years, within a context of gender violence, and particularly sexual and domestic violence. It was further concerned at a lack of information regarding the sentences handed down in cases of violence against women and a lack of an evaluation mechanism for measures taken in this area. The Committee was deeply concerned about Chile’s anti-abortion law, which prohibited abortions even in cases of rape, incest or when the life of the mother was at stake. That meant that women victims of violence were subjected to continuing violations, placing them under serious traumatic stress with the risk of incurring long-term psychological problems. A further concern were reports that human rights defenders were systematically harassed and received death threats, as well as the fact that women defenders of reproductive rights were subjected to criminal investigations.

Among recommendations, Honduras was urged to ensure immediate and impartial investigations into complaints of torture and other cruel, inhuman or degrading treatment or punishment, to prosecute those responsible for such acts and to ensure necessary sanctions were applied, so as to combat impunity for serious violations of the Convention, and to provide details of such investigations, prosecutions and sanctions handed down in its next report. With regard to places of deprivation of liberty, the Committee said Nicaragua should ensure an effective system for inspection of conditions in all places of detention, including by expanding the mandate of the Special Procurator of Prisons; it should substantially improve its system for registering those taken into police custody; it should take immediate measures to reduce overcrowding in prisons and to improve sanitary conditions and infrastructure; and it should take measures to ensure that women and men were held separately, and that minors were held separately from adults. Prison staff should be provided with adequate training, which was insufficient with regard to the prohibition against torture and other cruel, inhuman or degrading treatment or punishment, including by providing training on the Istanbul Protocol for all prison medical staff.

The Philippines

In conclusions and observations on the second periodic report of the Philippines, the Committee noted with satisfaction the ongoing efforts at the State level to reform its legislation, policies and procedures to ensure better protection of the right not to be subjected to torture, including the enactment, in 2006, of Republic Act 9346, abolishing the death penalty; the adoption, in 2004, of the Anti-Violence against Women and Their Children Act; the adoption, in 2003, of the Anti-Trafficking in Persons Act; and the adoption, in 1997, of the Indigenous People’s Rights Act. The Committee also noted with appreciation that the Philippines had initiated a number of practical policies, programmes and projects, including the “Access to Justice for the Poor” Project, the Mobile Court or “Justice on Wheels” and the recent directive by the National Police Commission to activate human rights desks in all police stations nationwide.

The Committee was deeply concerned about the numerous, ongoing, credible and consistent allegations, corroborated by a number of Filipino and international sources, of routine and widespread use of torture and ill-treatment of suspects in police custody, especially to extract confessions or information to be used in criminal proceedings. Furthermore, there were insufficient legal safeguards for detainees in practice, including failure to bring detainees promptly before a judge; absence of systematic registration of all detainees; and restricted access to lawyers and independent doctors and failure to notify detainees of their rights at the time of detention. Noting efforts taken in respect of extrajudicial killings, including the establishment, in 2006, of the independent Commission to Address Media and Activist Killings (the Melo Commission) and various coordination and investigative task forces, the Committee expressed grave concern at the number of such killings that had occurred in the past years and at reports that, although the total number of killings had declined significantly, such killings as well as enforced disappearances continued. The Committee was also deeply concerned that credible allegations of torture and/or ill-treatment committed by law enforcement and military services personnel were seldom investigated and prosecuted and that perpetrators were either rarely convicted or sentenced to lenient penalties. It reiterated grave concerns over the climate of impunity for perpetrators of acts of torture, particularly those holding senior positions that were alleged to have planned, commanded or perpetrated acts of torture. It also noted with concern the numerous documented reports of harassment and violence against human rights defenders, including indigenous rights defenders, trade union and peasant activists, journalists and reporters, medical personnel, and religious leaders. Another serious concern were numerous allegations of cases of rape, sexual abuse and torture committed against women detainees by the police, military and prison officials/personnel and at reports that in many provincial jails officials continued to place women together with male inmates, and that male corrections officers continued to guard female inmates.

As a matter of urgency, the Philippines should take immediate steps to prevent acts of torture and ill-treatment throughout the country and to announce a policy of total elimination in respect of any ill-treatment or torture by State officials. As part of that, the Philippines should implement effective measures promptly to ensure that all detainees were afforded, in practice, all fundamental legal safeguards from the very outset of their detention, including, in particular, the right to have access to a lawyer and an independent medical examination, to notify a relative, and to be informed of their rights at the time of detention. The Philippines should also ensure that all suspects under criminal investigation, including minors, were included in a central register which functioned effectively. Moreover, it should reinforce its training programmes for all law enforcement personnel, including all members of the judiciary and prosecutors, on the absolute prohibition of torture, and should keep under systematic review interrogation rules, instructions, methods and practices with a view to preventing cases of torture. Furthermore, State officials should publicly announce a policy of total elimination in respect of acts of torture and other cruel, inhuman and degrading treatment or punishment and support prosecution of the perpetrators of such acts.

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); Abdoulaye Gaye (Senegal); Felice Gaer (the United States); Luis Gallegos Chiriboga (Ecuador); Claudio Grossman (Chile); Alexander Kovalev (Russian Federation); Fernando Mariño Menendez (Spain); Myrna Kleopas (Cyprus); Nora Sveaass (Norway) and Xuexian Wang (China).

Mr. Grossman is the Committee Chairman; Ms. Sveaass, Ms. Belmir and Mr. Wang are Vice Chairmen; and Ms. Kleopas is the Committee Rapporteur.


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