COMMITTEE AGAINST TORTURE CONCLUDES FORTY-FOURTH SESSION

The Committee against Torture concluded its forty-fourth session today, issuing its concluding observations and recommendations on reports from France, Cameroon, Jordan, Switzerland, Syria, Liechtenstein and Austria, which it reviewed during the session. It also finalized and made public its concluding observations on the report of Yemen, which it had reviewed in the absence of a delegation at its previous session, following receipt of written replies and comments and a public meeting with a delegation from that country.

All the countries reviewed 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. The consideration of reports takes the form of a dialogue between the delegation from the reporting State and the Committee’s members.

In its conclusions and recommendations on the combined fourth to sixth periodic reports of France, the Committee noted with satisfaction the creation of the Comptroller General of places of deprivation of liberty as its national preventive mechanism. It deplored the number of documented allegations of return of individuals to countries where they risked being subjected to torture, as well as complaints by those sent back that they had been arrested and/or received ill-treatment. The Committee recommended audiovisual recording of all interrogations, and that the Government install surveillance cameras in all police stations and gendarmeries.

Regarding the fourth periodic report of Cameroon, the Committee noted with appreciation the decree of 8 December 2004 on the organization of the Government, attaching the Penitentiary Administration to the Ministry of Justice. In that connection, it was deeply concerned at the deplorable conditions in places of detention, including reports of overcrowding; inter-prisoner violence; corruption; and lack of hygienic conditions, medical treatment and adequate food. Noting the creation of the so-called “Police of the Police”, in 2005, the Committee reiterated that the Government needed to create an independent, external body to monitor the police.

Following its consideration of the second periodic report of Jordan, the Committee noted the establishment, in 2008, of the Ombudsman’s Bureau as an independent body with a mandate to receive complaints. It was deeply concerned at the numerous, consistent and credible allegations of a widespread and routine practice of torture and ill-treatment of detainees in detention facilities and that such allegations were seldom investigated and prosecuted. Jordan was urged, inter alia, to take all appropriate measures to abolish the practice of administrative detention and to take immediate steps to ensure that the functioning of the State Security Court and other special courts were brought in full conformity with the provisions of the Convention.

Having reviewed the sixth periodic report of Switzerland, the Committee welcomed ratification of the Optional Protocol to the Convention against Torture (in 2009) and the Rome Statute of the International Criminal Court (in 2001). It was concerned about persistent allegations of ill-treatment and police violence during forced returns of foreigners by air transport, and in particular the death of a Nigerian citizen, Joseph Ndukaku chiakwa, on 10 March 2010 during a forced repatriation by air. Inter alia, Switzerland had to guarantee the presence of human rights monitors and independent doctors during forced repatriations by air.

Among positive aspects in the initial report of Syria, the Committee welcomed Syria’s ratification of the Convention on the Rights of Persons with Disabilities (in 2009). The Committee was deeply concerned at numerous reports of torture, ill-treatment, death in custody and incommunicado detention of people belonging to the Kurdish minority, in particular political activists of Kurdish origins, and that military courts had passed convictions on Kurdish detainees on vague charges of “weakening national sentiment” or “spreading false or exaggerated information”. Syria was urged to establish a national system to effectively monitor and inspect all places of detention and follow up on the outcome of such monitoring, including regular and unannounced visits by national and international monitors.

Having examined the third periodic report of Liechtenstein, the Committee noted with satisfaction Liechtenstein’s support to United Nations mechanisms to prevent and eradicate torture, including its increased contribution to the United Nations Voluntary Fund for Victims of Torture. It was concerned about information received that asylum-seekers might not always have an opportunity to have their claim examined in substance. The Committee recommended that Liechtenstein renegotiate its 1982 Treaty On Accommodation of Prisoners with Austria (whereby prisoners served sentences longer than two years in Austrian prisons) so as to ensure that the rights of persons deprived of their liberty were guaranteed.

With regard to the combined fourth and fifth periodic reports of Austria, the Committee noted the entry into force in June 2009 of the Second Violence Protection Act, expanding the range of services and support available to crime victims, including victims of gender-based violence. It continued to be concerned about the high level of impunity in cases of police brutality, including those perceived to be racially motivated. The Committee also reiterated its concern about the use of electro-muscular disruption devices (Tasers or stun guns) and asked Austria to consider relinquishing the use of such devices to restrain persons in custody.

In concluding observations on the second periodic report of Yemen, the Committee welcomed Yemen’s accession to the Convention on the Rights of Persons with Disabilities and its Optional Protocol. Among serious concerns were reports of grave violations of the Convention committed in the context of the fight against terrorism, such as extrajudicial killings, enforced disappearances, arbitrary arrests, indefinite detention without charge or trial, torture and ill-treatment, and deportation of non-citizens to countries where they were in danger of being subjected to torture or ill-treatment. The Committee called on Yemen to establish a national system to monitor and inspect all places of detention, and to ensure that forensic doctors trained in detecting signs of torture were present during such visits.

In addition to reviewing country reports in public, during its forty-fourth 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 64 States that have 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.

Also at this session, on 11 May, the Committee held a meeting with the Chairperson of the Subcommittee on the Prevention of Torture, hearing a presentation of the Subcommittee's third annual report, and discussing areas of collaboration between the two bodies.

At the Committee’s last meeting, Committee Rapporteur Nora Sveaass, highlighting some points in the Committee's annual report, noted that, as of May 2010, the Committee had received 237 country reports. With regard to the backlog in the Committee's work and its heavy workload, it was noted that the Committee's request to the General Assembly for an additional session each year for the 2011-2012 biennium had been rejected. In its annual report, the Committee would now reduce its request to an additional week for each of its two yearly sessions – or additional meeting time of two weeks' a year. They would be able to achieve that within the Committee's current budget.

In the ensuing discussion a number of options for trying to obtain extra meeting time were discussed, and it was decided that the Chairperson would also send a letter directly to the Secretary-General requesting more time.

The Committee’s next session will be held from 1 to 19 November 2010, during which it is scheduled to examine reports from Ecuador, Turkey, Ethiopia, Mongolia, Cambodia and Bosnia and Herzegovina.

Conclusions and Recommendations on Country Reports

France

Among positive aspects relative to the combined fourth to sixth periodic reports of France, the Committee noted with satisfaction France’s ratification of the Optional Protocol to the Convention and the creation of the Comptroller General of places of deprivation of liberty as its national preventive mechanism under the Protocol. It further noted France’s accession in 2007 to the Optional Protocol to the International Covenant on Civil and Political Rights, abolishing the death penalty; its ratification of the International Convention for the Protection of All Persons from Enforced Disappearance, in 2008; and the ratification of the Convention on the Rights of Persons with Disabilities and its Optional Protocol, in 2010. It also noted with satisfaction the adoption of the law of 4 April 2006 strengthening preventive and punitive measures for domestic violence, and notably increasing penalties for violence against women; steps to increase the number of convicted persons eligible for alternative sentencing, such as house arrest under electronic surveillance; and the creation of two hotlines to report acts of domestic violence.

The Committee remained concerned, however, that 22 per cent of asylum requests in 2009 were treated under a “priority” procedure, which did not provide for suspensive effect against an initial refusal of the French Office for the Protection of Refugees and Stateless Persons. Asylum-seekers could therefore be sent back to countries where they were at risk of torture before the National Court on the Right of Asylum had a chance to hear the request. The Committee further remained concerned about the provisions of the 10 December 2003 law introducing the concepts of “internal asylum” and “safe countries of origin”, which did not provide full protection against a person being sent back to a country where they might face torture. In that context, the Committee deplored the number of documented allegations of return of individuals to countries where they risked being subjected to torture and other cruel, inhuman or degrading treatment or punishment, as well as complaints by those sent back that they had been arrested and/or received ill-treatment on their return. The Committee was particularly concerned by persistent allegations of ill-treatment by detainees and others at the hands of law enforcement officials. Further concerns included a law of 9 March 2004 which delayed access by detainees to a lawyer for 72 hours if they were suspected of terrorism or involvement in organized crime; overcrowding in prisons in France’s overseas territories; a draft law which envisaged extending “waiting zones” along France’s frontiers, which subjected foreigners to a regime without procedural guarantees such as the right to see a doctor or to communicate with a lawyer; and the announcement that France was studying the possible use of “Tasers” or stun guns in prisons.

The Committee reiterated its recommendation that France take the necessary measures to guarantee that at no time could an individual be expelled from the country if they risked torture on their return. France should also make the audiovisual recording of interrogations the rule in all cases, and should install surveillance cameras in all police stations and gendarmeries so as to reinforce protections for detainees and those in custody. Furthermore, the Committee reiterated its recommendation regarding the fact that investigation and prosecution for torture claims was at the discretion of the State Prosecutor, i.e. that France establish a system whereby all such claims were spontaneously and systematically investigated by impartial bodies if there were reasonable grounds to believe that such an act had been committed.

Cameroon

In its conclusions and recommendations on the fourth periodic report of Cameroon, the Committee noted with appreciation a number of advances in the legislative and institutional sphere, including the decree of 8 December 2004 on the organization of the Government, attaching the Penitentiary Administration to the Ministry of Justice; the decree of 15 April 2005 on the organization of the Ministry of Justice, establishing a Directorate for Human Rights and International Cooperation; and the law of 27 July 2005 on the status of refugees. It also welcomed Cameroon’s ratification, on 18 May 2004, of the United Nations Convention against Transnational Organized Crime and two of its three Protocols – to Prevent, Suppress and Punish Trafficking in Persons, especially Women and Children and on Smuggling of Migrants by Land, Sea and Air. It further noted with satisfaction Cameroon’s cooperation with the European Union in the Programme to Improve Detention Conditions and Respect of Human Rights (PACDET).

The Committee was concerned about reports that persons in detention in Cameroon rarely benefited, from the moment of their arrest, from the guarantees set out in the Code of Criminal Procedure. It was, moreover, very concerned that the 48-hour time limit on police custody was not respected in practice and that such arrests were not registered. In that context, the Committee highlighted credible allegations that prolonged police custodies were used to extort money from detainees. The Committee was strongly concerned about the high number of persons in preventive detention, which, in 2009, had risen to 14,265, as compared with 8,931 convicted persons in jail. Moreover, the time limits set for preventive detention –12 months for a misdemeanour and 18 months for a crime – were not respected in practice. The Committee further expressed its deep concern at the deplorable conditions in places of detention, including reports of overcrowding; inter-prisoner violence; corruption, including charging for cell space and medical supplies; and lack of hygienic conditions, medical treatment and adequate food. A further concern was that minors and adults, convicted persons and those in preventive detention, as well as women and men, were not systematically separated in detention facilities. Among other concerns raised were allegations of harassment, detention and torture or ill-treatment of journalists and human rights defenders and impunity for such acts; credible information from diverse sources that extrajudiciary executions, arbitrary detentions, and acts of torture and other cruel, inhuman or degrading treatment or punishment, had been committed in the context of the February 2008 protests, in contradiction to a 2009 Government report establishing that the forces of order had acted in their own defence; and a high incidence of violence against women and girls, and that acts of domestic violence, in particular, went unpunished.

Among recommendations, the Committee said that Cameroon should urgently take steps to reduce the duration of provisional detention, in particular ensuring that the time limits established by law were respected. Urgent measures were also needed to ensure that conditions of detention conformed with the United Nations Standard Minimum Rules for the Treatment of Prisoners, including reduction of overcrowding, in particular by favourizing a policy of alternative sentences; improving food and health care for detainees; strengthening judicial oversight of conditions in detention; reorganizing the prisons so that convicts and detainees, adults and minors were separated in all cases; and ensuring that women were kept separately from men and that they were guarded by female guards exclusively. With regard to the events of February 2008, the Committee recommended that Cameroon open a comprehensive, independent and thorough investigation, including forensic and medical examinations of complaints of extrajudicial executions and acts of torture and other cruel, inhuman or degrading treatment or punishment. To combat impunity, the Government had to publicly and unambiguously condemn the practice of torture in all its forms; immediately adopt measures to ensure in practice that all allegations of such acts were promptly, impartially and efficiently investigated; ensure that suspects in such cases were immediately suspended from their functions for the duration of the investigation; and ensure that, in practice, complainants and witnesses were protected from reprisals and intimidation. With regard to the so-called “Police of the Police”, created in 2005, the Committee said that the Government needed to create an independent, external body to monitor the police.

Jordan

Following its consideration of the second periodic report of Jordan, the Committee welcomed Jordan’s ratification of or accession to a number of international instruments, including the United Nations Convention against Transnational Organized Crime and its Protocol to Prevent, Suppress and Punish Trafficking in Persons, Especially Women and Children, in 2009; the two Optional Protocols to the Convention on the Rights of the Child, on the involvement of children in armed conflict (in 2007) and on the sale of children, child prostitution and child pornography (in 2006); and the Rome Statute of the International Criminal Court, in 2002. Also noted were ongoing efforts to reform legislation, policies and procedures to ensure better protection of human rights, in particular the establishment, in 2003, of the National Centre for Human Rights of Jordan as an independent national human rights institution; the establishment, in 2008, of the Ombudsman’s Bureau as an independent body with a mandate to receive complaints as of 1 February 2009; and the adoption, in 2007, of the comprehensive plan for the development and modernization of correctional facilities and rehabilitation centres.

The Committee was deeply concerned at the numerous, consistent and credible allegations of a widespread and routine practice of torture and ill-treatment of detainees in detention facilities and that such allegations were seldom investigated and prosecuted. It was particularly concerned that, while no official had ever been prosecuted for having committed torture under article 208 of the Penal Code, there had been prosecutions under article 37 of the Public Security Law of 1965, calling solely for disciplinary action. It was further concerned that article 61 of the Penal Code stipulated that a person “shall bear no criminal responsibility for acts performed in accordance with orders given by someone of higher rank”. A serious concern was Jordan’s failure in practice to afford all detainees, including detainees held in facilities of the General Intelligence Directorate and the Public Security Department, with all fundamental legal safeguards from the very outset of their detention, including the right to notify a relative, and to be informed of their rights at the time of detention, including about the charges laid against them. The Committee was particularly concerned that an arrested person did not have the right to a lawyer from the moment of arrest, that the Code of Criminal Procedure allowed prosecutors exceptionally to interrogate detainees without lawyers in “cases of urgency”, and that meetings between lawyers and clients reportedly took place in the presence of numerous other persons. It was gravely concerned at the continued practice of administrative detention (with more than 20,000 persons held in such detention in 2006, that number now reduced to 16,000) and that administrative governors could detain any person suspected of perpetrating a crime or any person considered a threat to the community for a period of one year, renewable indefinitely. Another grave concern was the special court system within the security services, including the State Security Court, the Special Police Court and the Military Tribunal of the General Intelligence Directorate, which had reportedly shielded military and security personnel alleged to be responsible for human rights violations from legal accountability. Also noted with concern was that violence against women was a deeply rooted problem in Jordan and that crimes where a family’s “honour” was thought to be breached often went unpunished.

Among recommendations, as a matter of urgency, the Committee called on Jordan to take immediate and effective measures to prevent acts of torture and ill-treatment throughout the country, including announcement of a policy that would produce measurable results in the eradication of torture and ill-treatment by State officials. Jordan should ensure that all allegations of torture and ill-treatment were investigated promptly, effectively and impartially, and that the perpetrators were prosecuted and convicted in accordance with the gravity of the acts. Furthermore, Jordan should amend its legislation in order to explicitly provide that an order from a superior officer or a public authority might not be invoked as a justification of torture. Jordan was further urged, inter alia, to take all appropriate measures to abolish the practice of administrative detention; to take immediate steps to ensure that the functioning of the State Security Court and other special courts were brought in full conformity with the provisions of the Convention and international standards for courts of law; and that Jordan establish a national system to effectively monitor and inspect all places of detention, including the facilities of the General Intelligence Directorate, and follow up to ensure systematic monitoring.

Switzerland

Having reviewed the sixth periodic report of Switzerland, the Committee welcomed the ratification of a number of international instruments, including the Optional Protocol to the Convention against Torture (in 2009); the two Optional Protocols to the Convention on the Rights of the Child, on the sale of children, child prostitution and child pornography (in 2006) and on the involvement of children in armed conflict (in 2002); Protocols Nos. 1 and 2 to the European Convention for the Prevention of Torture and Inhuman or Degrading Treatment or Punishment; the Rome Statute of the International Criminal Court (in 2001); and the United Nations Convention against Transnational Organized Crime (in 2007) and its Protocols to Prevent, Suppress and Punish Trafficking in Persons, especially Women and Children and on Smuggling of Migrants by Land, Sea and Air (both in 2006). It further noted with satisfaction a number of legislative measures, policies and procedures, including the adoption of a Federal Code of Criminal Procedure in 2007, which strengthened the rights to a defence, and which accorded broader rights to detainees and broader protections for witnesses.

The Committee was concerned by reports of police violence or excessive use of force or other ill-treatment by police committed in the context of police interventions in their homes or at police stations. A particular concern were the allegations regarding excessive force being used against foreigners, notably asylum-seekers and migrants, mainly those of African origin, particularly in the cantons of Geneva and the Vaud. In that context, it was noted that Switzerland had not fully implemented the Committee’s prior recommendation that it establish independent bodies in all cantons to receive and investigate such complaints against the police. The Committee also noted that the popular initiative “To return foreign criminals”, currently under discussion in Parliament, provided that foreigners were deprived of their residence permits and their right to stay in Switzerland if they had committed a serious crime or were found to have abused the social service system. The application of that initiative, if adopted by referendum, would pose a serious risk that article 3 non-refoulement obligations could be violated. In that context, the Committee was concerned about persistent allegations of ill-treatment and police violence during forced returns of foreigners by air transport. It was very concerned about the death of a Nigerian citizen, Joseph Ndukaku Chiakwa, on 10 March 2010 during a forced repatriation by air. The Committee questioned the compatibility of the restraint measures authorized by Switzerland with the Convention, and was concerned about a lack of response regarding the indemnization of the families of the last two victims of such forced repatriations. Finally, the Committee highlighted the high level of overcrowding in Champ Dollon prison and the fact that the separation of minor and adult detainees was not always guaranteed.

The Committee said that Switzerland had to guarantee the presence of human rights monitors and independent doctors during forced repatriations by air; to include such persons in formulating the new regulations regarding acceptable restraining methods for such repatriations; and to continue trainings for police and other persons involved in such procedures in human rights and in particular the guarantees set out in the Convention. Furthermore, Switzerland had to undertake an independent and impartial investigation into the death of Mr. Chiakwa, to determine responsibility for the use of force that caused his death, to prosecute and punish those responsible, and to provide compensation to his family, among others. Other recommendations included undertaking measures to relieve prison crowding in Champ Dollon, including greater recourse to alternative sentencing and reduction in the length of preventive detentions; adopting a law that sought to prevent and punish violence against women, as well as the need for awareness-raising on this issue and protections for women lodging complaints; and legislating a specific prohibition against corporal punishment, in particular with regard to protecting children.

Syria

Among positive aspects in the initial report of Syria, the Committee welcomed Syria’s ratification of or accession to a number of international instruments, including the two Optional Protocols to the Convention on the Rights of the Child, on the involvement of children in armed conflict and on the sale of children, child prostitution and child pornography (both in 2000); the Convention on the Elimination of All Forms of Discrimination against Women (in 2003); the Convention on the Protection of the Rights of all Migrant Workers and Members of their Families (in 2005); and the Convention on the Rights of Persons with Disabilities (in 2009).

The Committee was deeply concerned about numerous, ongoing and consistent allegations concerning the routine use of torture by Syrian law enforcement and investigative officials, at their instigation or with their consent, in particular, in detention facilities. In that context, it was gravely concerned at the absence of systematic registration of all detainees in places of detention. The Committee was, further, deeply concerned at numerous reports of torture, ill-treatment, death in custody and incommunicado detention of people belonging to the Kurdish minority, in particular political activists of Kurdish origins, and that military courts had passed convictions on Kurdish detainees on vague charges of “weakening national sentiment” or “spreading false or exaggerated information”. Moreover, the Committee noted with concern reports of a growing trend of deaths of Kurdish conscripts carrying out their mandatory military service and that their bodies had been returned to the families with evidence of severe injuries. Also of concern was that the State of Emergency, first issued in 1962, had a quasi-permanent nature and allowed the suspension of fundamental rights and freedoms. Other concerns included reports that Syria had established secret detention facilities under the command of intelligence services, which were not accessible to independent monitoring and inspection bodies, and were not subject to review by the authorities; numerous reports of expulsion, return or deportation, including several cases concerning recognized refugees or asylum-seekers registered with the United Nations Refugee Agency; numerous reports regarding high numbers of involuntary disappearances; a lack of investigation into the injuries and deaths of prisoners following the riots that took place in Sednaya prison on 4 July 2008; and numerous reports that violence against women was a widespread problem and that a culture of impunity towards domestic and gender-based violence had evolved.

In order to combat impunity, the Committee said Syria should immediately adopt all necessary measures to ensure, in practice, prompt, impartial and effective investigations into all allegations of torture and prosecute and punish those responsible with penalties taking into account the grave nature of torture offences, including law enforcement and investigation officials. Syria should further ensure that all persons detained were fully and promptly registered at the place of detention, including the grounds for the detention, the date and time of admission to the detention facility and the state of health of the detainee upon admission. The Committee also called upon Syria to establish a national system to effectively monitor and inspect all places of detention and follow up on the outcome of such systematic monitoring, including regular and unannounced visits by national and international monitors. Syria should ensure that no one was detained in a secret detention facility under its de facto effective control and should close all such facilities. The Committee urged Syria to take action in a number of specific cases, including that it institute a prompt, thorough and impartial investigation into the cases of Ahmed Al-Maati, Abdullah Almalki and Maher Arar (Canadian nationals detained and allegedly tortured in the largest detention centre controlled by the intelligence services, the Military Intelligence Palestine Branch Centre, due to suspected links with Al-Qaeda) in order to ensure that all persons allegedly responsible for violations of the Convention were investigated and brought to justice.

Liechtenstein

Having examined the third periodic report of Liechtenstein, the Committee noted with satisfaction Liechtenstein’s ratification, inter alia, of the Optional Protocol to the Convention against Torture in 2006; the Optional Protocol to the Convention on the Elimination of All forms of Discrimination against Women in 2001; and the 1961 Convention on the Reduction of Statelessness in 2009. It further noted with satisfaction the complete revision of the Execution of Sentences Act of 20 September 2007, strengthening legal safeguards for sentenced prisoners; the establishment, under the revised Execution of Sentences Act, of the Corrections Commission, designated as the national preventive mechanism pursuant to the Optional Protocol; and the entry into force of the amended Code of Criminal Procedure on 1 January 2008 which guaranteed the rights of all apprehended persons to inform a relative or another person of trust and a defence lawyer and to remain silent. Also noted with satisfaction was Liechtenstein’s support to United Nations mechanisms established to prevent and eradicate torture, including its increased contribution to the United Nations Voluntary Fund for Victims of Torture.

The Committee was concerned that, under its current legislation, the statute of limitations for acts that would amount to torture was limited to five years. Also, the Committee regretted that the new Public Health Act no longer contained an explicit provision regarding access to a doctor during police custody and that it was not clearly guaranteed by either the Criminal Code or the Code of Criminal Procedure. Noting the significant increase in the number of asylum applications during recent years, the Committee was particularly concerned about information received that asylum-seekers might not always have an opportunity to have their claim examined in substance. In that respect, it noted with particular concern that the majority of asylum applications rejected, or otherwise closed, in 2009 concerned two States where the risk of torture or other forms of ill-treatment could be considered substantial. The Committee was also concerned at reports that pressure by Government officials was exerted on asylum-seekers to leave Liechtenstein voluntarily, including by offering monetary rewards. The Committee was further concerned that the treaty of 1982 between Liechtenstein and Austria, whereby sentences longer than two years’ imprisonment were executed in Austria, did not contain any express safeguards for the prevention of torture and other forms of ill-treatment.

The Committee recommended that Liechtenstein ensured a substantive assessment and review on the merits of all asylum applications, including those submitted in 2009; increased the time limit within which asylum-seekers under “preventive expulsion” might apply for restoration of the suspensive effect of the order and also guarantees their right to a proper hearing before the Administrative Court; and investigated allegations of payments by Government officials to asylum-seekers to persuade them to leave the State party. It further recommended that Liechtenstein re-negotiate its 1982 Treaty On Accommodation of Prisoners so as to ensure that the rights of persons deprived of their liberty were guaranteed, through the monitoring of their implementation by Liechtenstein’s Corrections Commission or by another independent monitoring mechanism. Liechtenstein should also ensure that the mandatory initial and continuous training programmes, as well as programmes of supervision, for prison officers were effectively implemented and attended so that they were fully aware of the rights of persons deprived of their liberty.

Austria

With regard to the combined fourth and fifth periodic reports of Austria, the Committee noted Austria’s ongoing efforts to revise its legislation in order to give effect to the Committee’s recommendations and to enhance the implementation of the Convention, including the entry into force, on 1 January 2008, of the Criminal Procedure Reform Act and the amendments to the Code of Criminal Procedure. In particular, the Committee welcomed the provisions regarding the prohibition of evidence obtained by means of torture or cruel, inhuman, or degrading treatment, or other unlawful interrogation methods; the obligation of courts to report cases in which evidence was allegedly extracted by such unlawful means immediately and ex officio to the public prosecutor; the express reference to the right of the defendant to remain silent; the right to contact a lawyer prior to the interrogation; the right of the defendant to be assisted by an interpreter; and the right of the defendant to inspect the police files concerning the case. Also noted was the entry into force in June 2009 of the Second Violence Protection Act, which amended the Crimes Victims Act, expanding the range of services and support available to crime victims, including victims of gender-based violence.

The Committee noted with concern that, pursuant to the Code of Criminal Procedure, police officers could monitor contacts between the arrested or detained person and counsel and exclude the presence of counsel during interrogations if “it appears necessary to prevent interference in ongoing investigations or corruption of evidence”. The Committee had a number of concerns with regard to foreigners or asylum-seekers, including that, under the revised Asylum Law, persons basing their repeat applications for international protection on new grounds could not be granted a stay of their expulsion if they lodged their application within two days prior to the date set for deportation. Furthermore, persons whose first asylum application had not been found admissible according to the Dublin II Regulation were, in case of repeat application, now excluded from de facto protection against removal. The Committee was further concerned at the detention policy applied to asylum-seekers, including reports that they were held in police detention centres for criminal and administrative offenders, in some cases confined in their cells for 23 hours a day, only allowed visits under closed conditions and without access to qualified medical care or legal aid. The Committee regretted that Austria had provided insufficient statistical data on allegations of torture and ill-treatment, and at a lack of information on the results of the investigations undertaken in respect of those allegations. It was noted with concern that almost half of the incidents that occurred in 2009 concerned foreigners. In that regard, the Committee continued to be concerned about the high level of impunity in cases of police brutality, including that perceived to be racially motivated. The Committee was further concerned that allegations of torture and ill-treatment were investigated by the Bureau for Internal Affairs, a special unit within the Federal Ministry of Interior, which informed the competent public prosecutor about the outcome of the internal inquiry. Although the Bureau of Internal Affairs provided a copy of the report to the Human Rights Advisory Board, the members of that national human rights institution were not mandated to carry any investigative work. Regarding compensation, the Committee was particularly concerned about the case of Bakary Jassay, a Gambian national, who had been abused and severely injured by policemen in Vienna on 7 April 2006, and who had not received any compensation yet, not even the € 3,000 awarded by the Court for pain and suffering.

The Committee recommended that Austria strengthen efforts to alleviate the overcrowding of penitentiary institutions, including through the application of alternative measures to imprisonment and the establishment of additional prison facilities as needed. It should also take appropriate measures to increase the overall staffing levels and the number of female prison officers. It reiterated its concern that the use of electro-muscular disruption devices (Tasers or stun guns) could result in severe pain amounting to torture and in certain cases could even be lethal, and asked Austria to consider relinquishing the use of such devices to restrain persons in custody, as that led to breaches of the Convention. Moreover, Austria should establish a mechanism, detached from the Ministry of Interior, to carry out independent investigations into all allegations of torture and ill-treatment committed by law enforcement officials.

Yemen

Having considered the second periodic report of Yemen in the absence of a delegation during its previous session, the Committee met with a delegation from the country at the present session and finalized its concluding recommendations on that report. In it, the Committee welcomed that Yemen had acceded to the Convention on the Rights of Persons with Disabilities and the Optional Protocol thereto, in 2009; and had ratified the two Optional Protocols to the Convention on the Rights of the Child – on the involvement of children in armed conflict, in 2007; and on the sale of children, child prostitution and child pornography, in 2004. The Committee also welcomed the signature of several memorandums of understanding with the United Nations High Commissioner for Refugees (in 2004, 2005 and 2007), including a commitment to prepare a refugee law and promote it; as well as the various human rights education and training activities and Yemen’s openness to international cooperation.

The Committee was, however, deeply concerned at the numerous allegations, corroborated by a number of Yemeni and international sources, of a widespread practice of torture and ill-treatment of detainees in Yemeni prisons, including state security prisons run by the Public Security Department, the National Security Authority and the Department of Anti-Terrorism under the Ministry of Interior, and that such allegations were seldom investigated and prosecuted. Moreover, Article 26 of the Code of Criminal Procedure appeared to provide that criminal lawsuits might not be filed against a law enforcement officer or a public employee for any crime committed while carrying out his job or caused thereby, except with the permission of the General Prosecutor, a delegated Public Attorney or Heads of Prosecution. The Committee was further concerned at the statement in the report that “persons in pre-trial detention may meet with their relatives and lawyers, provided they obtain a written authorization from the body/entity that issued the detention order”, as well as at the lack of a central register for all persons held in detention. A further concern was the proliferation of places of detention, including political security, national security and military prisons, as well as private detention facilities run by tribal leaders, and at the apparent absence of control by the Prosecutor-General of such prisons and detention centres. Among other serious concerns were reports of grave violations of the Convention committed in the context of the State party’s fight against terrorism, such as extrajudicial killings, enforced disappearances, arbitrary arrests, indefinite detention without charge or trial, torture and ill-treatment, and deportation of non-citizens to countries where they were in danger of being subjected to torture or ill-treatment; the reported practice of holding relatives of alleged criminals, including children and elderly, as hostages, sometimes for years at a time, in order to compel such individuals to surrender themselves to the police; reported cases of imposition of the death penalty on children between 15 and 18 years; and that women in detention were frequently harassed, humiliated and ill-treated by male guards, and that there were allegations of sexual violence, including rape, against women in detention.

Among recommendations, the Committee called upon Yemen to establish a national system to monitor and inspect all places of detention, and to ensure that forensic doctors trained in detecting signs of torture were present during such visits. Yemen should formally prohibit all detention facilities that did not fall under State authority and should take all necessary measures to counter enforced disappearances and the practice of mass arrests without a warrant; it should minimize the number of security forces and agencies with such powers; and it should consider ratifying the Second Optional Protocol to the International Covenant on Civil and Political Rights, aiming at the abolition of the death penalty.

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); Alessio Bruni (Italy); Felice Gaer (United States); Luis Gallegos Chiriboga (Ecuador); Abdoulaye Gaye (Senegal); Claudio Grossman (Chile); Myrna Y. Kleopas (Cyprus); Fernando Mariño Menendez (Spain); Nora Sveaass (Norway); and Xuexian Wang (China).

Mr. Grossman is the Committee Chairman; Essadia Belmir (Morocco), Felice Gaer (United States) and Xuexian Wang (China) are the Vice Chairpersons; and Nora Sveaass (Norway) is the Committee Rapporteur.


For use of the information media; not an official record

CAT10/021E