HUMAN RIGHTS COUNCIL CONTINUES DISCUSSION WITH SPECIAL PROCEDURES ON ENFORCED DISAPPEARANCES, SALE OF CHILDREN AND TORTURE

The Human Rights Council this morning continued its discussion with the Chair-Rapporteur of the Working Group on enforced or involuntary disappearances, the Special Rapporteur on the sale of children, child prostitution and child pornography and the Special Rapporteur on torture and other cruel, inhuman or degrading treatment or punishment.

Among the issues raised during the interactive discussion with the Special Procedures were those pertaining to State complicity in addressing cases of torture, the voluntary trust fund for victims of torture, compensation to victims of torture and ill-treatment, legal frameworks for enforced disappearances, the right to truth, national efforts to combat all forms of violence against women and children, the gender perspective in combating acts of torture, rape as an act of torture and the link drawn between torture and sexual violence, the ratification of the Optional Protocol of the Convention on the Rights of the Child on the sale of children, child prostitution and child pornography, and female genital mutilation.

Several speakers also commented on national, regional and international efforts and partnerships to address the afore-mentioned issues as well as partnerships between State authorities and civil society. Of note were the best practices highlighted to combat these human rights violations.

Santiago Corcuera Cabezut, Chair-Rapporteur of the Working Group on enforced or involuntary disappearances; Juan Miguel Petit, Special Rapporteur on the sale of children, child prostitution and child pornography; and Manfred Nowak, Special Rapporteur on torture and other cruel, inhuman or degrading treatment or punishment presented their reports to the Council yesterday. (See press release HRC/08/18 of 10 March).

Speaking as concerned countries in response to the above reports were Nigeria, Togo and Sri Lanka.

Speaking in the interactive dialogue on the reports were Palestine on behalf of the Arab Group, Pakistan on behalf of the Organisation of the Islamic Conference, the Philippines, Argentina, Algeria, Brazil. Liechtenstein, Morocco, Peru, the Russian Federation, Colombia, Norway, Chile, Mexico, Tunisia, Thailand, Slovenia on behalf of the European Union, Belgium, Sudan, Denmark, Nepal, New Zealand, Israel, Australia, Canada, Austria, Belarus, Iran, Switzerland, Bhutan, Uruguay, the Czech Republic, Kenya and Malaysia.

Also speaking were representatives of Mexican National Human Rights Commission, National Human Rights Commission of Togo, National Human Rights Commission of Indonesia, International League for the Rights and Liberation of peoples, Amnesty International, World Organization against Torture, on behalf of severals NGOs1, International Commission of Jurists, Franciscans International, Association for the Prevention of Torture, International Fellowship of Reconciliation (speaking on behalf of several NGOs2), Colombian Commission of Jurists, Jubilee Campaign and Union de l'action féminine.

Exercising their right of reply were Morocco, Nigeria, Sri Lanka, Tunisia, Thailand and Algeria.

At 3 p.m. this afternoon, the Council will conclude its interactive dialogue on the reports on enforced or involuntary disappearances, the sale of children, child prostitution and child pornography and torture before beginning its discussion with the Special Rapporteurs on the right to health, the right to food and freedom of expression.


Statements by Concerned Countries on Reports on Enforced Disappearances, Sale of Children and Torture

MARTIN IHOEGHIAN UHOMOIBHI (Nigeria), speaking as a concerned country on the report of the Special Rapporteur on torture, recalled that the Special Rapporteur had suggested that Nigeria should make adequate commitments to address the situation of torture in the country. The pursuit of the highest standards of the promotion and protection of human rights was one of the priorities of the State policy in Nigeria. Nigeria was signatory of core human rights international instruments, and as a member of the Human Rights Council was poised to cooperate with all partners for the improvement and enjoyment of rights. Nigeria took note of the report’s recommendations and had established human rights desks at various levels in the Nigerian police and security services. Moreover, training had been taking place on human rights standards and prisons had been reformed as well. Nigeria welcomed the call by the Special Rapporteur for Nigeria to build its relevant capacities to address acts of torture and inhuman treatment.

CELESTINE AKOUAVI AÏDAM (Togo), speaking as a concerned country on the report of the Special Rapporteur on torture, said that since Togo’s ratification of the Convention against Torture on 18 December 1987, it had been aware that national penal code was insufficient to effectively deal with all cases of torture. The Government had therefore taken the opportunity to implement the National Programme for the Modernization of Justice in order to deal with such issues. With regards to the problem of impunity, the new criminal code would take into account the criminalization of torture, which would be considered in conformity with article 4 of the Convention on Torture. Moreover, the law no. 98-06 of the 17 November 1998 explicitly condemned female genital mutilation. The Government also announced its plans to hire 300 new prison guards who would be officially trained with a view to protect and promote the human rights of detainees.

SHARINDRA FERNANDO (Sri Lanka), speaking as a concerned country, said that Sri Lanka had appreciated the visit of the Special Rapporteur on torture to the country. The Government had been pleased to facilitate the visit. Sri Lanka appreciated sincerely the manner and methods of work of the Special Rapporteur. The Government had been given the opportunity to see the interim draft of the report. The Special Rapporteur had engaged in a free and frank exchange of views. Reservations were expressed with regard to the words used by the Special Rapporteur, saying that torture was “widely practiced” in Sri Lanka. The Government had asked for clarification. The Special Rapporteur had stated that he had witnessed evidence of torture. The problem of torture was not present in a widespread systematic manner in the country. The confidential inquiry of the Committee against Torture had confirmed that there was no systematic torture in the country. The Government would continue to engage with the Special Rapporteur and would keep him updated as to developments. Prisons and police had been directed to inquire into allegations raised in his report. Concerning the opening of an Office of the High Commissioner for Human Rights local office, Sri Lanka repeated that what was needed was the strengthening of national institutions. This included funding, physical infrastructure and well trained human resources.

Interactive Debate on Reports on Enforced Disappearances, Sale of Children and Torture

IMAD ZUHAIRI (Palestine), speaking on behalf of the Arab Group, expressed concern at the report of the Special Rapporteur on the sale of children, child prostitution and child pornography, which listed crimes that had to be addressed. Such crimes against children not only constituted flagrant violations of their rights but also led to psychological and social problems that could remain with these children for a long time. The Arab Group also was concerned over the links between child prostitution and AIDS, which could have serious ramifications on the future of these children and the right to a dignified life. Concerns were also expressed about the exploitation of children through pornography on the Internet. The Arab Group asked for the comments of the Special Rapporteur on the importance of international cooperation in this regard and the role of governments to put an end to child pornography on the Internet, as well as his assessment of the measures taken by the United Nations to address the issue of trafficking in children.

MARGHOOB SALEEM BUTT (Pakistan), speaking on behalf of the Organization of the Islamic Conference, said that while most countries responded promptly to the communications received by the Working Group on enforced or involuntary disappearances, there were cases in which Governments of the Organization of the Islamic Conference had to verify the authenticity of information contained in some of the communications. All forms of torture or inhuman and degrading treatment to any human being were condemned, particularly to vulnerable groups including women. State complicity was an important constituent of torture under the Convention against Torture, be it direct or indirect. As such, it was the responsibility of States to apply the principle of due diligence in preventing acts of torture both in the public and private spheres. Finally, the Organization of the Islamic Conference requested more information from the Special Rapporteur regarding the growing industry of international sex tourism.

DENIS Y. LEPATAN (Philippines), responding to the allegations mentioned in the report of the Working Group on enforced or involuntary disappearances, said that the allegations that there was an absence of an appropriate legal framework on enforced disappearances in the Philippines had no basis. While there was no specific law, there were criminal laws in the penal code that could be applied in cases of enforced disappearances. The Philippine Commission on Human Rights had the mandate to investigate the violations and had funds to assist victims. The Philippines was committed to address all cases of alleged enforced disappearances. Eighty per cent of the cases had been clarified. In 67 per cent of those cases the victims had been found to be at liberty. Only 18 per cent were found to be dead. The Philippines acknowledged that the police capability could be improved. The Philippines would like the Working Group to correct its report.

SEBASTIAN ROSALES (Argentina) expressed Argentina’s commitment to the issue of enforced or involuntary disappearances and noted that the country had adopted a series of measures to address these cases. Argentina had provided regular information on pending cases and had elucidated 54 such cases during 2007. Cooperation with the Working Group on enforced or involuntary disappearances reflected Argentina’s commitment to resolve these cases; Argentina had also invited the Working Group to cooperate further through country visits. There was a need to address the right to truth and it was hoped this would receive appropriate attention in future reports of the Working Group. Argentina had been the second country to ratify the Convention on Forced Disappearances. Argentina also had an initiative, which dealt with the subjects of child prostitution and trafficking in children.

MOHAMMED BESSEDIK (Algeria) said that on a number of occasions, the Algerian Government had informed the Working Group on enforced or involuntary disappearances that the question of disappearances should be placed into a historical context, which was the violent eruption at the beginning of the 1990s of the phenomenon of terrorism. Concerning this national tragedy, the Working Group was informed of procedures that had been implemented in Algeria to help victims regularize their administrative situation. This had allowed the Government to resolve more than 80 per cent of the cases from a judicial point of view. Whenever it had been given a communication, the Government had done its utmost to participate in good faith. However, concerning the request for a visit by the Special Rapporteur on torture, Algeria felt that such a visit was not justified.

MURILO VIEIRA KOMNISKI (Brazil) said that, on enforced disappearances, the general comment on defining the crime which was adopted by the Working Group on enforced or involuntary disappearances was welcomed. The issue of enforced or involuntary disappearances was of great concern and it remained one of the human rights priorities in Brazil. On child prostitution, the rights of the child were an important part of the Brazilian human rights secretariat’s work. Brazil would host the world congress on exploitation of children. A periodic report would soon be sent to the Committee on the Rights of the Child. Child trafficking and pornography were important issues. On the issue of torture, the creation of the national committee on the fight against torture and the ratification of the Optional Protocol to the Convention against Torture had been important institutional milestones in the fight against torture in Brazil. Brazil wanted to guarantee all human rights. Guaranteeing all human rights on the ground, combating impunity and building an open dialogue with civil society were the main areas of work.

PATRICK RITTER (Liechtenstein) said Liechtenstein attached great importance to the issue of combating child prostitution and child pornography. In addition to adopting and implementing efficient national legislation and policy measures, Liechtenstein had actively participated in the relevant activities of the Council of Europe, including the elaboration of two major legal instruments to address this scourge. The Special Rapporteur was asked how the interaction at the regional and international levels could be further enhanced to establish a framework which would promote the exchange of regional experience for the benefit of stronger action against child prostitution and child pornography at the global level. Moreover, Liechtenstein welcomed the focus the Special Rapporteur on torture placed in his report on the need to adopt a gender-inclusive approach to the interpretation of torture and other forms of ill treatment. The Special Rapporteur was asked whether he would elaborate on the concept of States’ due diligence obligations in situations of de facto deprivation of liberty.

MOHAMMED LOULICHKI (Morocco) said that with the aim of closing past human rights violations, the Government of Morocco had set up a Truth Commission to deal with any cases regarding enforced or involuntary disappearances. In this respect, compensation would also be offered. Concerning the report presented by Mr. Nowak, Morocco had introduced a new law criminalizing any act of torture. Child pornography and prostitution were also important subjects and, amongst numerous judicial measures, the Government had begun a media campaign to address these issues in the public domain. Finally, Morocco announced that it had developed a National Plan of Action and a National Strategy on the rights of the child.

DANIEL ZEGARRA BLOCH (Peru) said that, on enforced disappearances, it was good that the Working Group had been able to include the information provided by Peru. This information was important for Peru, in order to give an impression of the complex situation that Peru had experienced. There was a comprehensive compensation plan and a council had been put in place. This council was responsible for registering victims and settling claims. Its function was to evaluate the status of victims. The registry of missing people contained information coming from many sources. Peru would continue to collaborate with the Working Group and they would send a more detailed report soon.

ROMAN KASHAEV (Russian Federation) said the Russian Federation, since the creation of the Working Group on enforced or involuntary disappearances, had actively cooperated with the Group on specific cases of disappearances. The Russian law enforcement agencies had been taking all necessary measures to determine the fate and whereabouts of missing persons. The Russian Federation called upon the Working Group to only use thoroughly verified information on specific cases of disappearances. The Russian Federation expected that the experts of the Group would elaborate a new mechanism for the consideration of closing pending cases taking into account expiry dates. The Russian Federation also thanked the Special Rapporteur on the sale of children, child prostitution and child pornography and noted that in the Russian Federation 2008 had been hailed the Year of the Family. During this year, activities would be increased in the areas addressed in the report of the Special Rapporteur. The Special Rapporteur was asked for his opinion on the role of the family in rehabilitation of children affected by the sale of children, child prostitution and child pornography.

TOMAS ERNESTO CONCHA (Colombia) said that in accordance with Colombia’s constitutional and legal norms, no persons should be subject to torture, forced disappearance, or inhumane and degrading treatment. In law 589 of 2000, a search commission had been implemented to deal with disappearances and to determine the whereabouts of disappeared persons. In addition, the Government enacted law 986 of 2005, which protected victims of disappearance in terms of their finances, tax obligations, health and education. The Government had collected 1,036 testimonies of persons who belonged to self-defence organizations. Moreover, 1,056 mass graves had also been found and identified. Finally, measures were being implemented to speed up the process of compensation to victims of disappearances.

BEATE STIRO (Norway) welcomed that the Special Rapporteur on torture had devoted his report to women’s need for protection against torture. This was an important contribution by the Special Rapporteur in his efforts to integrate a gender perspective into his mandate, as was requested by the Council in the resolution on the integration of human rights of women throughout the United Nations system. The Special Rapporteur had stated that the Convention against Torture extended State obligations into the private sphere. However, it was difficult to assess the full scope of the State’s obligation to exercise due diligence to prevent torture from being inflicted in the private sphere. What were the most important elements of the State’s obligation for this? The Special Rapporteur’s suggestion to add the criterion of powerlessness to the definition of torture was interesting. On the sale of children, the creation of a special representative on violence against children had been approved by the General Assembly. How did the Special Rapporteur see the scope of co-operation with this new mandate?

EDUARDO CHIHUALIAF (Chile) said with regard to the report of the Special Rapporteur on torture, it was particularly important for Chile that the Special Rapporteur included the gender perspective and the issue of combating violence against women in his work. Chile agreed with the Special Rapporteur that a degree of powerlessness could be added to elements amounting to torture. Clearly rape had deep consequences for those subjected to this crime. Domestic violence was also an issue which should be addressed. Chile was not free of this scourge and this year 15 cases of murder of women had been recorded. As to the report on enforced and involuntary disappearances, Chile would work further to clarify the situation of those who had disappeared in the country. Chile recently completed the drafting of its first Constitutional act dealing with this issue which would soon be brought before the Senate for its consideration.

JOSE GUEVARA (Mexico) reiterated Mexico’s commitment to helping the Working Group on enforced or involuntary disappearances. Furthermore, Mexico welcomed the procedural improvements of the Working Group. Given the importance attached to this particular subject, the Senate had approved the ratification of the Convention on Enforced Disappearances. This would no doubt help Mexico to prosecute crimes of enforced disappearances. Violence against women was also a priority for Mexico and it was committed to preventing and punishing the trafficking of women. In this regard, a Special Prosecutor’s Office had been established to prosecute any criminals found trafficking or committing violence against women.

ALI CHERIF (Tunisia) said that Tunisia had closely considered the report of the Special Rapporteur on the sale of children, child prostitution and child pornography. The report had emphasised the scale of violence against children. This violence was a challenge to all, especially because the victims were children. The very complex nature of the problem had to be tackled and the report was a tool for this. Tunisian legislature recognised the importance of protecting children. A new body had been created for this. The number of reported cases of violations against children had increased in past years.

LADA PHUMAS (Thailand) indicated that Thailand concurred with the Working Group on enforced and involuntary disappearances that the Office of the High Commissioner for Human Rights should promote and add to its programme of technical cooperation some activities and assistance to strengthen national capacities to prevent and eradicate disappearances. It was noted that representatives from the concerned Thai Government agencies had taken initiatives and volunteered to meet with the Working Group at its eighty-third session last November to provide an update on the latest developments in some outstanding cases, which demonstrated the seriousness which Thailand attached to the work of the Working Group. Every case of suspected disappearance reported to the Thai authorities had been, and would be, investigated without delay and without exception, in accordance with the rule of law and the principle of transparency. The investigations were still ongoing and Thailand was determined to do all it could to ensure that justice was done.

DOMINIK FRELIH (Slovenia), speaking on behalf of the European Union, had several questions to pose to the various Special Rapporteurs. The first set of questions were addressed to the Working Group on enforced or involuntary disappearances and touched on the issue of impunity and the ways in which the principles against enforced disappearances could be made better-known in the public sphere. As for the Special Rapporteur on the sale of children, child prostitution and child pornography, the European Union also wanted to know which was the most effective way to promote a culture worldwide in which sexual exploitation and abuse were not tolerated? In its questions to the Special Rapporteur on torture, what was the current situation regarding a possible mission to Russia? Furthermore, the European Union inquired as to Paraguay’s implementation of the Optional Protocol to the Convention on the Rights of the Child and the status of the National Preventative Mechanism. In addition, the delegation requested an update on the Special Rapporteur’s discussions with the Government of Zimbabwe to secure an invitation to visit as well as his views on the situation there.

NATHALIE RONDEUX (Belgium) said the clear link drawn between torture and sexual violence in the report pf the Special Rapporteur on torture was particularly revealing. This form of torture had unique aspects as it often led to the isolation of the victims. In some cultures a victim of rape could be rejected from her society. This exclusion seriously hampered the psychological healing of the victim. The Special Rapporteur called on States to tackle the issue of stigmatisation; what concrete steps did the Special Rapporteur envisage? About the upcoming visit to Iraq, could the Special Rapporteur say more about the timing of his visit there?

OMER DAHAB FADOL MOHAMED (Sudan) said although the report of the Special Rapporteur on the sale of children, child prostitution and child pornography was dated January 2008, it was unfortunate that the crimes committed by the French organization L’Arche de Zoe in October last year were not reflected in the report. These crimes amounted to attempted kidnappings of children from Darfur and eastern Chad. Sudan had been hopeful that the Special Rapporteur’s statement issued at the time would have been reflected in his report. The criminal intent of the organization reaffirmed what was stated in the report of the Special Rapporteur that the primary element contributing to these crimes was armed conflict. The organization exaggerated the events in Darfur and contributed to perpetrating this crime through a media campaign. Sudan asked for the views of the Special Rapporteur on these crimes, in general, and for information on the compensation to the families of these children. With regard to the report of the Special Rapporteur on torture, Sudan was of the view that female genital mutilation should be considered as a form of torture. Sudan agreed that States must prohibit such actions through their legislation. The laws of Sudan completely prohibited such practices.

MARIE-LOUISE OVERVAD (Denmark) said that Denmark had a comment and two questions to Professor Manfred Nowak. After quickly commending the Special Rapporteur on torture for his work and his dedication to the mandate, Denmark asked for greater details on the situation in Sri Lanka. More precisely, what measures could be made to better implement the recommendations made for that country. With regards to thematic reports, would there be any merit in occasionally covering the same subject over a longer period of time in order to register and influence mid- or long-term developments?

BAHRAT RAJ PAUDYAL (Nepal) said that the Government had extended full cooperation to the Working Group on enforced or involuntary disappearances during its visit in 2004. As a follow-up, Nepal had been regularly providing updates. A total of 211 cases had been clarified. Most of the cases dated back to the time of the armed conflict. They had been largely due to the improper recording and reporting of releases and detentions. The Government was seriously working to find out the true identities of persons and to clarify the remaining cases. In the Working Group’s report, allegations of a general nature had been placed on Nepal, whereas the paragraph referred to some other country. This was maybe the result of cut-paste work and it was wished not to believe that this was meant to indicate that an allegation of general nature could be generalized to all countries in the South. On torture, the analytical work on women was appreciated. However, the Special Rapporteur should not perform as a tribunal or judge. The references to Nepal were largely based on secondary information. It was difficult to agree with generalized and subjective assertions that torture was practised systematically in Nepal.

AMY LAURENSON (New Zealand), commenting on the report of the Special Rapporteur on the sale of children, child prostitution and child pornography, said New Zealand was grateful to the attention Mr. Petit gave to these acts and for the clear manner in which he identified the special needs of these child victims. The way in which the Special Rapporteur highlighted good practices to address these needs was also commendable. New Zealand had been undertaking a number of measures concerning the commercial exploitation of children through legislative changes and through actions with civil society. New Zealand had also taken measures to ensure services were in place for children victims and had in place a 24-hour personal support hotline, among other things. New Zealand had also played an active role in the smuggling of persons and trafficking. New Zealand remained committed to developing such programmes and noted that the Special Rapporteur’s report indicated that special rehabilitation programmes were generally lacking. The Special Rapporteur was asked about the major obstacles for the services providing assistance to children and what the Council could do in that regard.

HILRAY STAUFFER (Israel) said that Israel had supported the mandate of the Special Rapporteur on the sale of children, child prostitution and child pornography for many years and co-sponsored the most recent renewals of this mandate in both 2001 and 2004. Recent legislative changes in Israel enabled the country to ratify the Optional Protocol to the Convention on the Rights of the Child. What suggestions were there to better improve this mandate in the future, specifically with regards to cooperation and interaction with other UN mechanisms? Also, had the Special Rapporteur gone on joint missions in the past and would he recommend it in the future as an effective use of limited UN resources?

LARA NASSAU (Australia) said that, on enforced disappearances, the report had illustrated the enormity and extent of disappearances throughout the world and that the numbers were deeply concerning. Australia was concerned over reports of widespread forced disappearances in Sri Lanka. The Sri Lankan Government was encouraged to act to ensure alleged perpetrators were brought to justice. Over the years, the Working Group had recognised that a culture of impunity fuelled disappearances. Ensuring that there was no impunity was essential. Those responsible should not go unpunished.

INES KWAN (Canada) welcomed the efforts of the Special Rapporteur on torture to mainstream gender equality and combat violence against women through his promotion of a gender-inclusive approach to human rights work in this area. Canada condemned rape and sexual violence in all circumstances, including their use against persons in detention. Canada acknowledged the role of the international criminal tribunals and the International Criminal Court in the recognition of rape as a form of torture and broadening the scope of crimes of sexual violence that could be prosecuted under this rubric. Canada shared the Special Rapporteur’s concerns with the sentencing to death of women by stoning. Canada further appreciated the attention given by the Special Rapporteur to issues of violence within the family and community which may constitute torture or cruel, inhuman and degrading treatment. The Special Rapporteur was asked to elaborate on how States may meaningfully address the obstacle of stigma which could undermine women victims in their search for justice, especially in cases of sexual violence.

MICHAEL SCHOISWOHL (Austria) commended the Special Rapporteur on torture for applying gender sensitivity as well as gender-specific methodology to the prohibition of torture. However, which measures could and should States adopt in order to ensure justice and effective remedies for women victims of torture? With reference to the particular vulnerability of women with disabilities, and stressing that forced abortions and sterilizations of women with disabilities may constitute torture or ill-treatment, what linkages were there between torture and women with disabilities, in particular against the background of the Convention on the Rights of Persons with Disabilities and its provisions on legal capacity?

ANDREI MOLCHAN (Belarus) said that the mandate of the Special Rapporteur on the sale of children, child prostitution and child pornography was a humanitarian one and it should be strengthened. In 2007, a national centre to combat the trade in children had been opened in Minsk. One of the themes of the upcoming child protection conference was child pornography and the Office of the High Commissioner for Human Rights had been invited to attend it. Belarus believed that the extreme scope of today’s emergence of mass paedophilia on the Internet was worrying and it had to be tackled. Was the monitoring of the media by the State a solution to this problem?

ASADOLLAH ESHRAGH JAHROMI (Iran) noted, as had the Special Rapporteur on the sale of children in his report, that Iran had adopted the Optional Protocol to the Convention on the Rights of the Child on the sale of children, child prostitution and child pornography which stemmed from the country’s firm belief in protecting children and its strong commitment to eliminate those evil forms of child exploitation. Iran attached great importance to the work of the mandate of the Special Rapporteur and shared most of his views contained in the report on the importance of assistance and rehabilitation programmes for child victims of trafficking and sexual commercial exploitation. Iran was of the view that, among others, promotion of spirituality and morals as well as cultural and religious values on the one hand, and strengthening the foundation of the family on the other hand, would highly contribute to the elimination of different forms of child sexual exploitation. The Special Rapporteur was asked whether he had raised with the country concerned in the case involving L’Arche de Zoe the question of facilitating visas for this operation.

NATALIE KOHLI (Switzerland) took note of the innovative approach by the Special Rapporteur on torture to the subject of violence against women. In addition, the many recommendations elucidated in the report on Sri Lanka were both useful and appreciated. The presence of widespread torture in Sri Lanka was deplorable and furthermore, it was regrettable that the Special Rapporteur did not have access to areas currently under occupation by the LTTE. The fight against impunity was a priority for Switzerland and as such additional comments were requested by Mr. Nowak with regards to universal jurisdiction on the issue of torture.

DOMA TSHERING (Bhutan) said Bhutan supported the work of the Working Group on enforced or involuntary disappearances; the Working Group had an important mandate. The Working Group had adopted a general comment providing definition of enforced disappearances; this was welcomed and was seen as a positive contribution towards providing greater clarity to the work of the Working Group and the strengthening of international norms. How could States contribute further towards the clarification of cases which continued to remain outstanding despite sincere attempts to resolve them? Was there space to distinguish between cases in which States wilfully refused to disclose information and those cases in which States were genuinely unable to provide information?

ALEJANDRO ARTUCIO RODRIGUEZ (Uruguay) said Uruguay especially valued the focus contained in the report of the Special Rapporteur on the sale of children on best practices in terms of assistance to child victims of sexual exploitation and trafficking at the governmental level and in international organizations as well as the way the role played by non-governmental organizations and civil society in implementing awareness-raising programmes and social reintegration programmes for children were highlighted. This subject continued to be a great concern to Uruguay and the international community as a whole. The guidelines for establishing programmes and services in the report were also welcomed. In all these reports by the Special Rapporteur and in the work of the Commission and the Human Rights Council the international community had benefited through the information provided on the best experiences accumulated to combat these unjustifiable practices. A great deal remained to be done to eradicate this scourge. This topic should continue to be one of the priorities of the Human Rights Council.

JAN KAMINEK (Czech Republic) aligned itself with the comments and questions raised by the European Union. In Mr. Nowak’s reports on his visits, he described a number of children being held in appalling conditions in detention and oftentimes subjected to violence. With this in mind, could his recommendations be elaborated regarding these children? Moreover, were there any indications that measures were being taken in connection with these cases? Finally, with regards to a number of pending requests to States for invitations, did the Special Rapporteur recognize any increase of positive replies, especially from countries that had long-term requests pending from as far back as the 1990s?

MARIA NZOMO (Kenya) said that as a signatory of the Convention against Torture, Kenya attached importance to every individual’s freedom from torture. Since 2003, Kenya had made significant progress in the elimination of torture. Criminal law amendments ensured that persons suspected of committing criminal offence were not subjected to torture. Confessions could only be taken if the suspect was sound of mind. Corporal punishment had been abolished. Various reform initiatives were currently ongoing in the justice law sector. Tremendous efforts had been invested in improving prison conditions. Kenya was also sensitive to the gender dimension of torture. Female genital mutilation and early and forced marriages were prohibited by law.

AMIRUDDIN ZURAIDAH (Malaysia) said Malaysia recognized that trafficking in persons, especially women and children, was a serious problem with increasing involvement of organized criminal groups. Among other things, Malaysia had set up two shelters for children and women who were victims of human trafficking and these shelters provided services such as crisis counseling and rehabilitation to trafficked women and children. The Government had been using a variety of laws to address the issue of sale, trafficking and abduction of children. Malaysia had several bilateral and multilateral arrangements to combat transnational crime, including preventing and suppressing trafficking in persons. These arrangements provided for cooperation in criminal matters and border control as well as cooperation in the identification of the offender and victims, sharing information about modus operandi and routes used as well as the training of law enforcement personnel. Malaysia remained committed to ending violence against children through national measures.

KATHARINA ROSE, of Mexican National Human Rights Commission, strongly believed that the ratification of the Convention against Enforced Disappearances would strengthen Governments obligations to investigate submitted cases by the Working Group on enforced or involuntary disappearances. There was indeed a duty to investigate fully all the cases of disappearances perpetrated by State actors or by private individuals or organized groups acting on behalf of, or with the support of the Government. The Working Group on enforced or involuntary disappearances and the National Human Rights Commission of Mexico were currently working on the investigation of more than 200 cases in Mexico and would hopefully provide answers with respect to the scarce information about enforced disappearance cases and the growing number of disappearances of human rights defenders.

KOFFI KOUTE, of National Human Rights Commission of Togo, thanked Mr. Novak for his report. The analysis and recommendations contained in the Special Rapporteur’s report were similar to those that were found in the commission’s own report on visits of places of detention. The commission had already started several actions. The ratification of the Optional Protocol was one of the priorities of the commission. On the conditions in places of detention, the commission shared the Special Rapporteur’s views. Urgent measures had to be taken to ensure the dignity and fundamental rights of prisoners.

KATHARINA ROSE, of the Indonesian National Commission on Human Rights – Komnas HAM, said the Indonesian National Commission on Human Rights observed that since legal or moral prosecution was part of the retaliation politics, especially in the military, there was indication that impunity of human rights violations still existed. The Commission shared the view with the Special Rapporteur on torture that torture should be criminalized in the Indonesian Criminal Code. To meet the effectiveness of torture prevention, it was important to endorse the establishment of standard mechanisms in monitoring and visiting detention places, as well as the importance of the ratification of the Convention against Torture. Based on a visit to certain detention centres in 2007 in Indonesia, the Indonesian National Commission on Human Rights noted several conditions in the detention places were not providing the standard minimum in the protection of prisoners.

VERENA GRAF, of the International League for the Rights and Liberation of Peoples, said that several reputable non-governmental organizations had reported on the widespread practice of torture in Sri Lanka since the 1970s. Since the Special Rapporteur was unable to visit Jaffna, the International League brought to his attention numerous cases of torture being carried out against innocent civilians by the Sri Lankan Armed Forces in Jaffna. All this occurred despite the fact that Sri Lanka was a party to the Convention on Torture and other Cruel, Inhuman or Degrading Treatment and Punishment. In conclusion, the International League recalled that this was only one aspect of a war situation, a war waged by a Government on a people seeking to exercise its right to self-determination.

TOMMASO FALCHETTA, of Amnesty International, said that Mr. Nowak’s report had included the case of Nassim Saadi, a Tunisian resident of Italy who had appealed to the European Court of Human Rights, as the Italian authorities had sought to deport him to Tunisia as an urgent measure to combat terrorism. There was a substantial risk for Mr. Saadi being subjected to torture if he was deported. The danger of terrorism must not call into question the absolute nature of the prohibition of torture. Weeks earlier, the CIA Director had made public that the agency was using waterboarding as an interrogation technique. Last Friday, President Bush had vetoed legislation aimed at preventing the CIA from using waterboarding and other enhanced interrogation techniques. What could the Council do to better defend the absolute prohibition of torture in the context of counterterrorism measures?

MARIANA DUARTE, of World Organization against Torture, on behalf of severals NGOs1, welcomed the Special Rapporteur on torture’s thematic report concerning women and considered it a major step in the recognition of the specificities of acts of torture and ill-treatment against women and of the requirement of adequate responses thereto. The World Organization called on States to apply a gender-sensitive definition of torture in light of the elements contained in article 1 of the Convention against Torture, discrimination being one of the purposes provided for. Moreover, States should allocate sufficient resources for the support and rehabilitation of torture victims. The World Organization also stressed the need for States to promote regular scrutiny and accountability of institutions where women were deprived of their liberty, by means of independent visits and other monitoring mechanisms. The Special Rapporteur was asked if he intended to undertake or encourage the conduct of joint field missions and joint consultations with the Special Rapporteur on violence against women, its causes and consequences.

LUKAS MACHON, of the International Commission of Jurists, supported the establishment of the criteria for closure or discontinuation of reported cases by the Working Group on enforced or involuntary disappearances. However, he recalled that this provision on the presumption of death did not exonerate a State from its obligations under international law to continue the investigation until the fate of the disappeared person had been clarified and had brought the perpetrators of the disappearance to justice. Additionally, concerns were expressed at the high rate of disappearances in Sri Lanka. In 2007, 58 new cases of enforced disappearances were reported, while 5,516 cases remained pending. While the Sri Lankan Army and Criminal Investigation Department were allegedly responsible for 37 cases, according to the report, only one of these cases was clarified.

BUDI HERNAWAN, of Franciscans International, said that the report of Franciscans International on torture had covered 242 individual cases over a period of nine years. The visit of the Special Rapporteur on torture to West Papua was seen as a major step in the protection of the indigenous peoples’ rights. Three major conclusions had been found in their own report. Most of the cases in West Papua had been committed by police or military forces, most documented cases had not been prosecuted and thirdly, security services had continuously resorted to the use of torture as part of their practices. Could the Special Rapporteur analyse the lack of accountability of security services?

MATTHEW PRINGLE, of Association for the Prevention of Torture, valued the commitment of the Special Rapporteur on torture who undertook country visits and visits to places of detention. There was a need to implement an effective system of monitoring in all places of detention and special measures may be required to prevent gender-based violence in places of detention and to address the needs of women inmates with young children. The Special Rapporteur was asked what legislative measures States could consider to improve the conditions of pregnant women prisoners and detainees and whether there were any measures that States should consider to more effectively combat torture or ill-treatment. The Special Rapporteur was also asked what expertise should be included in a visiting team to countries and places of detention.

TSERING JAMPA, of International Fellowship of Reconciliation, speaking on behalf of several NGOs2, expressed its gratitude to the Working Group on enforced or involuntary disappearances for citing the outstanding case of Gedhun Choekyi Nyima, the Eleventh Panchen Lama. However, it was disappointed with the lack of cooperation from the Government of China. This particular case was raised because it completed almost 13 years of uncertain fate in obscurity and because most Tibetans and others remained concerned about his whereabouts, his physical and mental state of health and the status of his religious education. Furthermore, why had the Working Group not sought an official explanation on this case from the Chinese Government, especially when one considered that the last response was now over 10 years old?

ISABELLE HEYER, of Colombian Commission of Jurists, said that, on the report on torture, many indigenous people had been injured following tear gas attacks. The Special Rapporteur had talked about establishing norms for having normal judges, but in practice, military tribunals were still conducting investigations. On homicides conducted by state agents, the Working Group should continue to follow up the work in Colombia. In 90 per cent of the cases, they had been attributed to State and paramilitary State actors and only 2 per cent had been attributed to rebel forces. Not many of the Working Group’s recommendations had been implemented.

ELIZABETH DE GROOT, of Jubilee Campaign, noted that the buying and selling or trafficking of children victimized approximately 400,000 children a year, which excluded those children trafficked within their own country. Traffic along the Balkan corridor was particularly heavy. Many of these children were sold in Greece or Italy, and ended up working in brothels or begging on the streets. Despite international efforts to combat trafficking the number of victims continued to grow. Factors contributing to the continuance of this trade in children included: globalization and the feminization of poverty; traditional and cultural lack of education and employment opportunities discrimination based on ethnicity or minority status; and conflict, refugees and internal displacement and selective migration policies. Countries must be more pro-active in eliminating these factors and must actively seek out, prosecute and punish traffickers for their involvement in the trade so as to deter others looking to make a profit in this manner.

KALTARM KHAYATI, of Union de l'action féminine, spoke against the outrageous atrocities in refugee camps in rural Morocco. Despite the regular denunciations by established human rights bodies, these atrocities continued to take place. In the provinces found in the Moroccan Saharan desert, diverse populations had undergone extreme suffering. The Government was guilty of manipulating arguments and diverting international attention away from the horrors that had been inflicted upon these peoples, in which women and children were the most vulnerable victims.

Right of Reply

MOHAMMED LOULICHKI (Morocco), speaking in a right of reply, said that, concerning yesterday’s statement by Interfaith International, the speaker had been confused between his situation and the case of hundreds of Moroccans living very decently and in great dignity in the southern provinces of Morocco. The speaker had not been able to give more than two examples of security agents found guilty. Those persons were tried in accordance to international standards, with the presence of foreign observers at their trial. Morocco was a country where the rule of law prevailed. It was also a responsible States, responsible for the security of its citizens and their property throughout its territory. Morocco recalled that the fourth round of negotiations on the autonomy of southern provinces would start next week. Everyone knew about Morocco’s’ constant defence of human rights. It was dangerous for the credibility of the Council to allow any person, including criminals, to come before the Council and pretend that they were defending human rights. The Council should be more vigilant.

OZO NWOBU (Nigeria), speaking in a right of reply, referring to the statement by Slovenia on behalf of the European Union, said following the reports on the alleged disappearance of one detainee, an investigation had been undertaken by the Government of Nigeria and it had determined that he was admitted to a hospital to undergo a life-saving surgery and had since recovered, was returned to prison and was now awaiting trial. As to another case, the speaker reported that he had died from gunshot wounds received during a shootout with the police. He had received proper medical attention while in custody before he died. It was noted that more than 167 police officers had been killed in shootouts with armed criminals in Nigeria last year.

DAYAN JAYATILLEKA (Sri Lanka), speaking in a right of reply, raised three points. Sri Lanka had an ongoing dialogue with the Working Group on enforced or involuntary disappearances and had not refused it access, as suggested by one non-governmental organization. Sri Lanka had allowed a number of Special Rapporteurs to enter the country even amidst the current conflict and instability and would continue to cooperate with international forces. The question raised by Switzerland to Mr. Nowak on universal jurisdiction was considered out of line, particularly while Switzerland permitted on its own soil the commemoration of Black Tiger day, which celebrated suicide bomb attacks that took place on Indian territory. This was far more serious than bringing one ex-criminal to justice. He also reiterated a quote from a Tamil Tiger leader stating that they drained the blood of Sri Lankan soldiers until they died. That quote was delivered to the French newspaper “Le Point” in May 2000.

ALI CHERIF (Tunisia), speaking in a right of reply, said that the statement of the World Organization against Torture about the Tunisian individual that had been extradited by Italy, had been an unjustifiable statement that could only give rise to astonishment. The Tunisian national had to be extradited because of involvement in drug trafficking. The Tunisian law ensured full respect for human rights and the protection for everyone to be free from torture.

LADA PHUMAS (Thailand), speaking in a right of reply referring to the statement by the International Commission of Jurists, pointed out that the Thai Government attached great importance to the case of Mr. Neelapaijit, a human rights lawyer, which was under investigation by the Ministry of Justice. More revelation should be forthcoming as the investigation proceeded. The Government would leave no stone unturned in this case. The Thai Government did not condone any acts leading to forced or involuntary disappearances. The Working Group could rest assured that Thailand would do its utmost to bring all pending cases to closure.

LAZHARE SOUALEM (Algeria), speaking in a right of reply, commented on the non-governmental organization (NGO) from the Union de l’Action Feminine, whose statement was totally unrelated to the issue. He would like to tell the lady who spoke that when you have denied your origins and your own family, you are unworthy to speak of humanity in that context.

1Joint statement: World Organization against Torture; International Rehabilitation Council for Torture Victims; International Federation of ACAT (Action By Christians for the Abolition of Torture; Asia Pacific Forum on Women, Law and Development; Center for Women's Global Leadership; and Canadian HIV/Aids Legal Network.


2Joint statement on behalf of: International Fellowship of Reconciliation; France Libertés – Fondation Danielle Mitterrand; Society for Threatened Peoples; Movement against Racism and for Friendship among Peoples; Comite international pour le respect et l'application de la charte africaine des droits de l'homme et des peuples; Asian Indigenous and Tribal Peoples Network; International Educational Development; Femmes Africa Solidarite; and Pax Romana.

For use of the information media; not an official record

HRC08019E