SWITZERLAND

 

Follow‑up ‑ State Reporting

            i) Action by Treaty Bodies

 

CAT, A/61/44 (2006)

 

...

CHAPTER IV.  FOLLOW‑UP ON CONCLUSIONS AND RECOMMENDATIONS ON STATES PARTIES REPORTS

 

38.  In Chapter IV of its annual report for 2004‑2005 (A/60/44), the Committee described the framework that it had developed to provide for follow‑up subsequent to the adoption of the concluding observations on States parties reports submitted under article 19 of the Convention.  It also presented information on the Committee=s experience in receiving information from States parties from the initiation of the procedure in May 2003 through May 2005.  This chapter updates the Committee=s experience to 19 May 2006, the end of its thirty‑sixth session.

 

39.  In accordance with rule 68, paragraph 2, of the rules of procedure, the Committee established the post of Rapporteur for follow‑up to concluding observations under article 19 of the Convention and appointed Ms. Felice Gaer to that position.  As in the past, Ms. Gaer presented a progress report to the Committee in May 2006 on the results of the procedure.

 

40.  The Rapporteur has emphasized that the follow‑up procedure aims Ato make more effective the struggle against torture and other cruel, inhuman and degrading treatment or punishment,@ as articulated in the preamble to the Convention.  At the conclusion of the Committee=s review of each State party report, the Committee identifies concerns and recommends specific actions designed to enhance each State party=s ability to implement the measures necessary and appropriate to prevent acts of torture and cruel treatment, and thereby assists States parties in bringing their law and practice into full compliance with the obligations set forth in the Convention.

 

41.  Since its thirtieth session in May 2003, the Committee began the practice of identifying a limited number of these recommendations that warrant a request for additional information following the review and discussion with the State party concerning its periodic report.  Such Afollow‑up@ recommendations are identified because they are serious, protective, and are considered able to be accomplished within one year.  The States parties are asked to provide within one year information on the measures taken to give effect to its Afollow‑up recommendations@ which are specifically noted in a paragraph near the end of the conclusions and recommendations on the review of the States parties= report under article 19.

 

42.  Since the procedure was established at the thirtieth session in May 2003 through the end of the thirty‑sixth session in May 2006, the Committee has reviewed 39 States for which it has identified follow‑up recommendations.  Of the 19 States parties that were due to have submitted their follow‑up reports to the Committee by 1 May 2006, 12 had completed this requirement (Argentina, Azerbaijan, Czech Republic, Colombia, Germany, Greece, Latvia, Lithuania, Morocco, New Zealand, United Kingdom, and Yemen).  As of May, seven States had failed to supply follow‑up information that had fallen due (Bulgaria, Cambodia, Cameroon, Chile, Croatia, Moldova, Monaco), and each was sent a reminder of the items still outstanding and requesting them to submit information to the Committee.

 

43.  With this procedure, the Committee seeks to advance the Convention=s requirement that Aeach State party shall take effective legislative, administrative, judicial or other measures to prevent acts of torture Y@ (art. 2, para. 1) and the undertaking Ato prevent Y other acts of cruel, inhuman and degrading treatment or punishment Y@ (art. 16).

 

44.  The Rapporteur has expressed appreciation for the information provided by States parties regarding those measures taken to implement their obligations under the Convention.  In addition, she has assessed the responses received as to whether all of the items designated by the Committee for follow‑up (normally between three to six recommendations) have been addressed, whether the information provided responds to the Committee=s concern, and whether further information is required.  Where further information is needed, she writes to the State party concerned with specific requests for further clarification.  With regard to States that have not supplied the follow‑up information at all, she writes to solicit the outstanding information.

 

45.  Each letter responds specifically and in detail to the information presented by the State party, which is given a formal United Nations document symbol number.

 

46.  Since the recommendations to each State party are crafted to reflect the specific situation in that country, the follow‑up responses from the States parties and letters from the Rapporteur requesting further clarification address a wide array of topics.  Among those addressed in the letters sent to States parties requesting further information have been a number of precise matters seen as essential to the implementation of the recommendation in question.  A number of issues have been highlighted to reflect not only the information provided, but also the issues not addressed but which are deemed essential in the Committee=s ongoing work in order to be effective in taking preventive and protective measures to eliminate torture and ill‑treatment.

...

48.  The chart below details, as of 19 May 2006, the end of the Committee=s thirty‑sixth session, the state of the replies with respect to follow‑up.

 

...

 

B.  Follow‑up reply due May 2006 and November 2006

 

State party	Date due	Date reply received	Document symbol number	Further action taken/required
...
Switzerland	May 2006
...

 

CAT, A/62/44 (2007)

 

...

IV.       FOLLOW UP ON CONCLUSIONS AND RECOMMENDATIONS ON STATES PARTIES REPORTS

 

46.       In Chapter IV of its annual report for 2005 2006 (A/61/44), the Committee described the framework that it had developed to provide for follow up subsequent to the adoption of the conclusions and recommendations on States parties reports submitted under article 19 of the Convention. It also presented information on the Committee=s experience in receiving information from States parties from the initiation of the procedure in May 2003 through May 2006. This chapter updates the Committee=s experience to 18 May 2007, the end of its thirty eighth session.

 

47.       In accordance with rule 68, paragraph 2, of the rules of procedure, the Committee established the post of Rapporteur for follow up to conclusions and recommendations under article 19 of the Convention and appointed Ms. Felice Gaer to that position. As in the past, Ms. Gaer presented a progress report to the Committee in May 2007 on the results of the procedure.

 

48.       The Rapporteur has emphasized that the follow up procedure aims Ato make more effective the struggle against torture and other cruel, inhuman and degrading treatment or punishment@, as articulated in the preamble to the Convention. At the conclusion of the Committee=s review of each State party report, the Committee identifies concerns and recommends specific actions designed to enhance each State party=s ability to implement the measures necessary and appropriate to prevent acts of torture and cruel treatment, and thereby assists States parties in bringing their law and practice into full compliance with the obligations set forth in the Convention.

 

49.       Since its thirtieth session in May 2003, the Committee began the practice of identifying a limited number of these recommendations that warrant a request for additional information following the review and discussion with the State party concerning its periodic report. Such Afollow up@ recommendations are identified because they are serious, protective, and are considered able to be accomplished within one year. The States parties are asked to provide within one year information on the measures taken to give effect to its Afollow up recommendations@ which are specifically noted in a paragraph near the end of the conclusions and recommendations on the review of the States parties= reports under article 19.

 

50.       Since the procedure was established at the thirtieth session in May 2003, through the end of the thirty eighth session in May 2007 the Committee has reviewed 53 States for which it has identified follow up recommendations. Of the 39 States parties that were due to have submitted their follow up reports to the Committee by 18 May 2007, 25 had completed this requirement (Albania, Argentina, Austria, Azerbaijan, Bahrain, Canada, Chile, Czech Republic, Colombia, Croatia, Ecuador, Finland, France, Germany, Greece, Latvia, Lithuania, Monaco, Morocco, New Zealand, Qatar, Sri Lanka, Switzerland, United Kingdom and Yemen). As of 18 May, 14 States had not yet supplied follow up information that had fallen due (Bulgaria, Bosnia and Herzegovina, Cambodia, Cameroon, Democratic Republic of the Congo, Georgia, Guatemala, Republic of Korea, Moldova, Nepal, Peru, Togo, Uganda and United States of America). In March 2007, the Rapporteur sent a reminder requesting the outstanding information to each of the States whose follow up information was due in November 2006, but had not yet been submitted, and who had not previously been sent a reminder.

 

51.      The Rapporteur noted that 14 follow up reports had fallen due since the previous annual report (A/61/44). However, only 4 (Austria, Ecuador, Qatar and Sri Lanka) of these 14 States had submitted the follow up information in a timely manner. Despite this, she expressed the view that the follow up procedure had been remarkably successful in eliciting valuable additional information from States on protective measures taken during the immediate follow up to the review of the periodic reports. While comparatively few States had replied precisely on time, 19 of the 25 respondents had submitted the information on time or within a matter of one to four months following the due date. Reminders seemed to help elicit many of these responses. The Rapporteur also expressed appreciation to non governmental organizations, many of whom had also encouraged States parties to submit follow up information in a timely way.

 

52.       Through this procedure, the Committee seeks to advance the Convention=s requirement that Aeach State party shall take effective legislative, administrative, judicial or other measures to prevent acts of torture Y@ (art. 2, para. 1) and the undertaking Ato prevent Y other acts of cruel, inhuman and degrading treatment or punishment Y@ (art. 16).

 

53.       The Rapporteur has expressed appreciation for the information provided by States parties regarding those measures taken to implement their obligations under the Convention. In addition, she has assessed the responses received as to whether all the items designated by the Committee for follow up (normally between three and six recommendations) have been addressed, whether the information provided responds to the Committee=s concern, and whether further information is required. Each letter responds specifically and in detail to the information presented by the State party. Where further information is needed, she writes to the State party concerned with specific requests for further clarification. With regard to States that have not supplied the follow up information at all, she writes to solicit the outstanding information.

 

54.       At its thirty eighth session in May, the Committee decided to make public the Rapporteur=s letters to the States parties. These would be assigned a United Nations document symbol number and placed on the web page of the Committee. The Committee further decided to assign a United Nations document symbol number to all States parties= replies (these symbol numbers are under consideration) to the follow up and also place them on its website.

 

55.       Since the recommendations to each State party are crafted to reflect the specific situation in that country, the follow up responses from the States parties and letters from the Rapporteur requesting further clarification address a wide array of topics. Among those addressed in the letters sent to States parties requesting further information have been a number of precise matters seen as essential to the implementation of the recommendation in question. A number of issues have been highlighted to reflect not only the information provided, but also the issues that have not been addressed but which are deemed essential to the Committee=s ongoing work, in order to be effective in taking preventive and protective measures to eliminate torture and ill treatment.

...

57.       The chart below details, as of 18 May 2007, the end of the Committee=s thirty eighth session, the state of the replies with respect to follow up.

 

Follow up procedure to conclusions and recommendations from May 2003 to May 2007

 

...

Thirty fourth session (May 2005)

 

State party	Information due in	Information received	Action taken
...
Switzerland	May 2006	15 May 2007 CAT/C/CHE/CO/4/Add.1	Reminder Response under review
...

CAT, A/63/44 (2008)

 

...

 

CHAPTER IV.   FOLLOW‑UP ON CONCLUSIONS AND RECOMMENDATIONS

ON STATES PARTIES REPORTS

 

46.       In this chapter, the Committee updates its findings and activities that follow‑up on the conclusions and recommendations adopted under article 19 of the Convention, in accordance with the recommendations of its Rapporteur on Follow‑Up to Country conclusions. The Rapporteur=s activities, responses by States parties, and the Rapporteur=s views on recurring concerns encountered through this procedure are presented below, and updated to through May 2008, following the Committee=s fortieth session.

 

47.       In chapter IV of its annual report for 2005‑2006 (A/61/44), the Committee described the framework that it had developed to provide for follow‑up subsequent to the adoption of the conclusions and recommendations on States parties reports submitted under article 19 of the Convention. It also presented information on the Committee=s experience in receiving information from States parties from the initiation of the procedure in May 2003 through May 2008.

 

48.       In accordance with rule 68, paragraph 2, of the rules of procedure, the Committee established the post of Rapporteur for follow‑up to conclusions and recommendations under article 19 of the Convention and appointed Ms. Felice Gaer to that position. As in the past, Ms. Gaer presented a progress report to the Committee in May 2008 on the results of the procedure.

 

49.       The Rapporteur has emphasized that the follow‑up procedure aims Ato make more effective the struggle against torture and other cruel, inhuman and degrading treatment or punishment@, as articulated in the preamble to the Convention. At the conclusion of the Committee=s review of each State party report, the Committee identifies concerns and recommends specific actions designed to enhance each State party=s ability to implement the measures necessary and appropriate to prevent acts of torture and cruel treatment, and thereby assists States parties in bringing their law and practice into full compliance with the obligations set forth in the Convention.

 

50.       In its follow‑up procedure, the Committee has identified a number of these recommendations as requiring additional information specifically for this procedure. Such follow‑up recommendations are identified because they are serious, protective, and are considered able to be accomplished within one year. The States parties are asked to provide within one year information on the measures taken to give effect to its follow‑up recommendations which are specifically noted in a paragraph near the end of the conclusions and recommendations on the review of the States parties= reports under article 19.

 

51.       Since the procedure was established at the thirtieth session in May 2003, through the end of the fortieth session in May 2008, the Committee has reviewed 67 States for which it has identified follow‑up recommendations. Of the 53 States parties that were due to have submitted their follow‑up reports to the Committee by 16 May 2008, 33 had completed this requirement (Albania, Argentina, Austria, Azerbaijan, Bahrain, Bosnia and Herzegovina, Canada, Chile, Czech Republic, Colombia, Croatia, Ecuador, Finland, France, Georgia, Germany, Greece, Guatemala, Hungary, Republic of Korea, Latvia, Lithuania, Monaco, Morocco, Nepal, New Zealand, Qatar, Russian Federation, Sri Lanka, Switzerland, United Kingdom of Great Britain and Northern Ireland, United States of America and Yemen). As of 16 May, 20 States had not yet supplied follow‑up information that had fallen due (Bulgaria, Burundi, Cambodia, Cameroon, Democratic Republic of the Congo, Denmark, Guyana, Italy, Japan, Luxembourg, Mexico, Moldova, the Netherlands, Peru, Poland, South Africa, Tajikistan, Togo, Uganda and Ukraine). In March 2008, the Rapporteur sent a reminder requesting the outstanding information to each of the States whose follow‑up information was due in November 2007, but had not yet been submitted, and who had not previously been sent a reminder.

 

52.       The Rapporteur noted that 14 follow‑up reports had fallen due since the previous annual report.³  However, only 2 (Hungary and the Russian Federation) of these 14 States had submitted the follow‑up information in a timely manner. Despite this, she expressed the view that the follow‑up procedure had been remarkably successful in eliciting valuable additional information from States on protective measures taken during the immediate follow‑up to the review of the periodic reports. While comparatively few States had replied precisely on time, 25 of the 33 respondents had submitted the information on time or within a matter of one to four months following the due date. Reminders seemed to help elicit many of these responses. The Rapporteur also expressed appreciation to non‑governmental organizations, many of whom had also encouraged States parties to submit follow‑up information in a timely way.

 

53.       Through this procedure, the Committee seeks to advance the Convention=s requirement that Aeach State party shall take effective legislative, administrative, judicial or other measures to prevent acts of torture Y@ (art. 2, para. 1) and the undertaking Ato prevent Y other acts of cruel, inhuman and degrading treatment or punishment Y@ (art. 16).

 

54.       The Rapporteur expressed appreciation for the information provided by States parties regarding those measures taken to implement their obligations under the Convention. In addition, she has assessed the responses received as to whether all the items designated by the Committee for follow‑up (normally between three and six recommendations) have been addressed, whether the information provided responds to the Committee=s concern, and whether further information is required. Each letter responds specifically and in detail to the information presented by the State party. Where further information has been needed, she has written to the concerned State party with specific requests for further clarification. With regard to States that have not supplied the follow‑up information at all, she requests the outstanding information.

 

55.       At its thirty‑eighth session in May 2007, the Committee decided to make public the Rapporteur=s letters to the States parties. These would be placed on the web page of the Committee. The Committee further decided to assign a United Nations document symbol number to all States parties= replies to the follow‑up and also place them on its website (http://www2.ohchr.org/english/bodies/cat/sessions.htm).

 

56.       Since the recommendations to each State party are crafted to reflect the specific situation in that country, the follow‑up responses from the States parties and letters from the Rapporteur requesting further clarification address a wide array of topics. Among those addressed in the letters sent to States parties requesting further information have been a number of precise matters seen as essential to the implementation of the recommendation in question. A number of issues have been highlighted to reflect not only the information provided, but also the issues that have not been addressed but which are deemed essential to the Committee=s ongoing work, in order to be effective in taking preventive and protective measures to eliminate torture and ill‑treatment.

...

 

58.       The chart below details, as of 16 May 2008, the end of the Committee=s fortieth session, the state of the replies with respect to follow‑up.

 

_______________________

 

3/   Official Records of the General Assembly, Sixty‑second Session, Supplement No. 44 (A/62/44).

 

 

Follow‑up procedure to conclusions and recommendations

from May 2003 to May 2008

...

 

Thirty‑fourth session (May 2005)

 

State party	Information due in	Information received	Action taken
...
Switzerland	May 2006	16 June 2005 CAT/C/CR/34/CHE/Add.1   15 May 2007 CAT/C/CHE/CO/4/Add.2	Response under review
...

 

...

 

CAT, A/64/44 (2009)

 

IV.       FOLLOW UP ON CONCLUDING OBSERVATIONS ON STATES PARTIES REPORTS

 

53.       In this chapter, the Committee updates its findings and activities that follow‑up to concluding observations adopted under article 19 of the Convention, in accordance with the recommendations of its Rapporteur on follow‑up to concluding observations. The Rapporteur's activities, responses by States parties, and the Rapporteur's views on recurring concerns encountered through this procedure are presented below, and updated through 15 May 2009, following the Committee's forty‑second session.

 

54.       In chapter IV of its annual report for 2005‑2006 (A/61/44), the Committee described the framework that it had developed to provide for follow‑up subsequent to the adoption of the concluding observations on States parties reports submitted under article 19 of the Convention. It also presented information on the Committee's experience in receiving information from States parties from the initiation of the procedure in May 2003 through May 2009.

 

55.       In accordance with rule 68, paragraph 2, of the rules of procedure, the Committee established the post of Rapporteur for follow up to concluding observations under article 19 of the Convention and appointed Ms. Felice Gaer to that position. As in the past, Ms. Gaer presented a progress report to the Committee in May 2009 on the results of the procedure.

 

56.       The Rapporteur has emphasized that the follow up procedure aims "to make more effective the struggle against torture and other cruel, inhuman and degrading treatment or punishment", as articulated in the preamble to the Convention. At the conclusion of the Committee's review of each State party report, the Committee identifies concerns and recommends specific actions designed to enhance each State party's ability to implement the measures necessary and appropriate to prevent acts of torture and ill‑treatment, and thereby assists States parties in bringing their law and practice into full compliance with the obligations set forth in the Convention.

 

57.       In its follow‑up procedure, the Committee has identified a number of these recommendations as requiring additional information specifically for this procedure. Such follow‑up recommendations are identified because they are serious, protective, and are considered able to be accomplished within one year. The States parties are asked to provide within one year information on the measures taken to give effect to its follow‑up recommendations which are specifically noted in a paragraph near the end of the conclusions and recommendations on the review of the States parties' reports under article 19.

 

58.       Since the procedure was established at the thirtieth session in May 2003, through the end of the forty‑second session in May 2009, the Committee has reviewed 81 States for which it has identified follow up recommendations. Of the 67 States parties that were due to have submitted their follow up reports to the Committee by 15 May 2009, 44 had completed this requirement. As of 15 May 2009, 23 States had not yet supplied follow up information that had fallen due. The Rapporteur sends reminders requesting the outstanding information to each of the States whose follow up information was due, but had not yet been submitted, and who had not previously been sent a reminder. The status of the follow‑up to concluding observations may be found in the web pages of the Committee (http://www2.ohchr.org/english/bodies/cat/ sessions.htm).

 

59.       The Rapporteur noted that 14 follow up reports had fallen due since the previous annual report. However, only 4 (Algeria, Estonia, Portugal and Uzbekistan) of these 14 States had submitted the follow up information in a timely manner. Despite this, she expressed the view that the follow up procedure had been remarkably successful in eliciting valuable additional information from States on protective measures taken during the immediate follow up to the review of the periodic reports. One State party (Montenegro) had already submitted information which was due only in November 2009. While comparatively few States had replied precisely on time, 34 of the 44 respondents had submitted the information on time or within a matter of one to four months following the due date. Reminders seemed to help elicit many of these responses. The Rapporteur also expressed appreciation to non governmental organizations, many of whom had also encouraged States parties to submit follow up information in a timely way.

 

60.       Through this procedure, the Committee seeks to advance the Convention's requirement that "each State party shall take effective legislative, administrative, judicial or other measures to prevent acts of torture Y" (art. 2, para. 1) and the undertaking "to prevent Y other acts of cruel, inhuman and degrading treatment or punishment Y" (art. 16).

 

61.       The Rapporteur expressed appreciation for the information provided by States parties regarding those measures taken to implement their obligations under the Convention. In addition, she has assessed the responses received as to whether all the items designated by the Committee for follow up (normally between three and six recommendations) have been addressed, whether the information provided responds to the Committee's concern, and whether further information is required. Each letter responds specifically and in detail to the information presented by the State party. Where further information has been needed, she has written to the concerned State party with specific requests for further clarification. With regard to States that have not supplied the follow up information at all, she requests the outstanding information.

 

62.       At its thirty eighth session in May 2007, the Committee decided to make public the Rapporteur's letters to the States parties. These would be placed on the web page of the Committee. The Committee further decided to assign a United Nations document symbol number to all States parties' replies to the follow up and also place them on its website (http://www2.ohchr.org/english/bodies/cat/sessions.htm).

 

63.       Since the recommendations to each State party are crafted to reflect the specific situation in that country, the follow up responses from the States parties and letters from the Rapporteur requesting further clarification address a wide array of topics. Among those addressed in the letters sent to States parties requesting further information have been a number of precise matters seen as essential to the implementation of the recommendation in question. A number of issues have been highlighted to reflect not only the information provided, but also the issues that have not been addressed but which are deemed essential to the Committee's ongoing work, in order to be effective in taking preventive and protective measures to eliminate torture and ill treatment.

...

65.       The chart below details, as of 15 May 2009, the end of the Committee's forty‑second session, the state of the replies with respect to follow up.

 

Follow‑up procedure to conclusions and recommendations from May 2003 to May 2009

 

...

Thirty‑fourth session (May 2005)

 

 

...

 

 

 

CAT, A/65/44 (2010)

 

Chapter IV.  Follow-up to concluding observations on States parties= reports

 

65.  In this chapter, the Committee updates its findings and activities that constitute follow-up to concluding observations adopted under article 19 of the Convention, in accordance with the procedure established on follow-up to concluding observations. The follow-up responses by States parties, and the activities of the Rapporteur for follow-up to concluding observations under article 19 of the Convention, including the Rapporteur=s views on the results of this procedure, are presented below. This information is updated through 14 May 2010, the end of the Committee=s forty-fourth session.

 

66.  In chapter IV of its annual report for 2005-2006 (A/61/44), the Committee described the framework that it had developed to provide for follow-up subsequent to the adoption of the concluding observations on States parties reports submitted under article 19 of the Convention. In that report and each year thereafter, the Committee has presented information on its experience in receiving information on follow-up measures taken by States parties since the initiation of the procedure in May 2003.

 

67.  In accordance with rule 68, paragraph 2, of the rules of procedure, the Committee established the post of Rapporteur for follow-up to concluding observations under article 19 of the Convention and appointed Ms. Felice Gaer to that position. In November 2009 and May 2010, the Rapporteur presented a progress report to the Committee on the results of the procedure.

 

68.  At the conclusion of the Committee=s review of each State party report, the Committee identifies concerns and recommends specific measures to prevent acts of torture and ill-treatment. Thereby, the Committee assists States parties in identifying effective legislative, judicial, administrative and other measures to bring their laws and practice into full compliance with the obligations set forth in the Convention.

 

69.  In its follow-up procedure, the Committee has identified a number of these recommendations as requiring additional information within one year. Such follow-up recommendations are identified because they are serious, protective and are considered able to be accomplished within one year. The States parties are asked to provide information within one year on the measures taken to give effect to the follow-up recommendations. In the concluding observations on each State party report, the recommendations requiring follow-up within one year are specifically identified in a paragraph at the end of the concluding observations.

 

70.  Since the procedure was established at the thirtieth session in May 2003, through the end of the forty-fourth session in May 2010, the Committee has reviewed 95 reports from States parties for which it has identified follow-up recommendations. It must be noted that periodic reports of Chile, Latvia, Lithuania and New Zealand have been examined twice by the Committee since the establishment of the follow-up procedure. Of the 81 States parties that were due to have submitted their follow-up reports to the Committee by 14 May 2010, 57 had completed this requirement. As of 14 May 2010, 24 States had not yet supplied follow-up information that had fallen due: Republic of Moldova, Cambodia, Cameroon, Bulgaria, Uganda, Democratic Republic of the Congo, Peru, Togo, Burundi, South Africa, Tajikistan, Luxembourg, Benin, Costa Rica, Indonesia, Zambia, Lithuania (to the 2009 concluding observations), Chad, Chile, Honduras, Israel, New Zealand, Nicaragua and the Philippines.

 

71.  The Rapporteur sends reminders requesting the outstanding information to each of the States for which follow-up information is due, but not yet submitted. The status of the follow-up to concluding observations may be found in the web pages of the Committee at each of the respective sessions. As of 2010, the Committee has established a separate web page for follow-up (http://www2.ohchr.org/english/bodies/cat/follow-procedure.htm).

 

72.       Of the 24 States parties that did not submit any information under the follow-up procedure as of 14 May 2010, non-respondents came from all world regions. While about one-third had reported for the first time, two-thirds were reporting for a second, third or even fourth time.

 

73.  The Rapporteur expresses appreciation for the information provided by States parties regarding those measures taken to implement their obligations under the Convention. In addition, she has assessed the responses received as to whether all the items designated by the Committee for follow-up (normally between three and six recommendations) have been addressed, whether the information provided responds to the Committee=s concern, and whether further information is required. Each letter responds specifically and in detail to the information presented by the State party. Where further information has been needed, she has written to the concerned State party with specific requests for further clarification. With regard to States that have not supplied the follow-up information at all, she requests the outstanding information.

 

74.  At its thirty-eighth session in May 2007, the Committee decided to make public the Rapporteur=s letters to the States parties which are posted on the web page of the Committee. The Committee further decided to assign a United Nations document symbol number to all States parties= replies to the follow-up and also place them on its website.

 

75.  Since the recommendations to each State party are crafted to reflect the specific situation in that country, the follow-up responses from the States parties and letters from the Rapporteur requesting further clarification address a wide array of topics. Among those addressed in the letters sent to States parties requesting further information have been a number of precise matters seen as essential to the implementation of the recommendation in question. A number of issues have been highlighted to reflect not only the information provided, but also the issues that have not been addressed but which are deemed essential to the Committee=s ongoing work, in order to be effective in taking preventive and protective measures to eliminate torture and ill-treatment.

 

76.  Among the Rapporteur=s activities in the past year, have been the following: attending the inter-committee meetings in Geneva where follow-up procedures were discussed with members from other treaty bodies, and it was decided to establish a working group on follow-up; addressing the Committee on the Elimination of Discrimination against Women at its August 2009 meeting in New York concerning aspects of the follow-up procedure; assessing responses from States parties and preparing follow-up letters to countries as warranted and updating the information collected from the follow-up procedure.

 

77.  Additionally, the Rapporteur initiated a study of the Committee=s follow-up procedure, beginning with an examination of the number and nature of topics identified by the Committee in its requests to States parties for follow-up information. She reported to the Committee on some preliminary findings, in November 2009 and later in May 2010, and specifically presented charts showing that the number of topics designated for follow-up has substantially increased since the thirty-fifth session. Of the 87 countries examined as of the forty-third session (November 2009), one to three paragraphs were designated for follow-up for 14 States parties, four or five such topics were designated for 38 States parties, and six or more paragraphs were designated for 35 States parties. The Rapporteur drew this trend to the attention of the members of the Committee and it was agreed in May 2010 that, whenever possible, efforts would henceforth be made to limit the number of follow-up items to a maximum of five paragraphs.

 

78.  The Rapporteur also found that certain topics were more commonly raised as a part of the follow up procedure than others. Specifically, for all State parties reviewed since the follow-up procedure began, the following topics were most frequently designated:

 

Ensure prompt, impartial and effective investigation(s)                            76 per cent

Prosecute and sanction persons responsible for abuses                          61 per cent

Guarantee legal safeguards                                                                                57 per cent

Enable right to complain and have cases examined                                            43 per cent

Conduct training, awareness-raising                                                                  43 per cent

Ensure interrogation techniques in line with the Convention                     39 per cent

Provide redress and rehabilitation                                                                     38 per cent

End gender-based violence, ensure protection of women                                  34 per cent

Ensure monitoring of detention facilities/visit by independent body          32 per cent

Carry out data collection on torture and ill-treatment                             30 per cent

Improve condition of detention, including overcrowding                                    28 per cent

 

79.       In the correspondence with States parties, the Rapporteur has noted recurring concerns which are not fully addressed in the follow-up replies and her concerns (illustrative, not comprehensive) have been included in prior annual reports. To summarize them, she finds there is considerable value in having more precise information being provided, e.g. lists of prisoners, details on deaths in detention and forensic investigations.

 

80.  As a result of numerous exchanges with States parties, the Rapporteur has observed that there is need for more vigorous fact-finding and monitoring in many States parties. In addition, there is often inadequate gathering and analysing of police and criminal justice statistics. When the Committee requests such information, States parties frequently do not provide it. The Rapporteur further considers that conducting prompt, thorough and impartial investigations into allegations of abuse is of great protective value. This is often best undertaken through unannounced inspections by independent bodies. The Committee has received documents, information and complaints about the absence of such monitoring bodies, the failure of such bodies to exercise independence in carrying out their work or to implement recommendations for improvement.

 

81.  The Rapporteur has also pointed to the importance of States parties providing clear-cut instructions on the absolute prohibition of torture as part of the training of law-enforcement and other relevant personnel. States parties need to provide information on the results of medical examinations and autopsies, and to document signs of torture, especially including sexual violence. States parties also need to instruct personnel on the need to secure and preserve evidence. The Rapporteur has found many lacunae in national statistics, including on penal and disciplinary action against law-enforcement personnel. Accurate record keeping, covering the registration of all procedural steps of detained persons, is essential and requires greater attention. All such measures contribute to safeguard the individual against torture or other forms of ill-treatment, as set forth in the Convention.

 

82.  The chart below details, as of 14 May 2010, the end of the Committee=s forty-fourth session, the replies with respect to follow-up. This chart also includes States parties= comments to concluding observations, if any.

 

Follow-up procedure to concluding observations from May 2003 to May 2010

...

Thirty‑fourth session (May 2005)

...

Forty-fourth session (May 2010)

 

Follow‑up ‑ State Reporting

            ii) Action by State Party

 

CAT, CAT/C/CHE/CO/4/Add.1 (2005)

 

Comments by the Government of SWITZERLAND* on the conclusions and  recommendations of the Committee against Torture (CAT/C/CR/34/CHE)

 

[16 June 2005]

 

Position and comments of Switzerland concerning the recommendations of the Committee against Torture following the presentation of the fourth periodic report of Switzerland on 6 May 2005

 

1.         Switzerland has considered the conclusions and recommendations with great interest and expresses its deep appreciation to the members of the Committee against Torture for the cooperative spirit in which the presentation of the fourth periodic report of Switzerland took place.

 

2.         It notes with satisfaction the numerous positive points raised in the aforementioned document and takes note of the recommendations that were made. Some of those recommendations and some of the underlying subjects of concern, however, have prompted the following remarks.

 

Recommendation 5 (c)

 

3.         In connection with this item, the case law of the Swiss Asylum Appeals Commission can shed light on the Swiss legislation. In a 1998 case, the Commission ruled that, although the Administrative Procedure Act did not specifically mention the admission of an individual appeal by the Committee against Torture as grounds for review, the finding of the Committee that it would be illegal to enforce a return to the country of origin should nevertheless be taken into consideration in this context.

 

4.         It should also be underscored that in the three cases in which an appeal to the Committee against Torture has been admitted, admission has always been granted on a provisional basis.

 

5.         Article 3 of the Convention has, therefore, been fully respected.

 

Recommendation 5 (d)

 

6.         Switzerland does not demand evidence beyond that required under article 3 of the Convention. It is sufficient for the applicant to establish the likelihood that he faces a genuine and serious danger of being tortured. In this connection, the situation in the country is a significant indicator. Formal proof is not required.

 

7.         As the Swiss Asylum Appeals Commission has found: "The burden of proof is upon the alien who faces expulsion, although excessively strict conditions which would render ineffective the protection provided by article 3 of the Convention against Torture should not be imposed" (JICRA 1996, No. 18).

 

8.         It should be added that, with respect to the decisions on asylum and return that fall within its jurisdiction, the Federal Office for Migration considers the compliance of expulsions with the requirements of public international law, and hence with article 3 of the Convention and the European Convention on Human Rights, as a matter of course.

 

9.         With regard to extradition, it is sufficient for the person concerned to establish the likelihood that he or she is in genuine danger of being tortured in the event of extradition. In that case, guarantees are sought from the applicant State and, if they are not given, or if they do not appear credible, extradition will be refused.

 

Subject of concern 4 (f) and recommendation 5 (f)

 

10.       In the absence of comprehensive statistics, it has not been possible to ascertain any significant overall increase in the number of complaints for ill treatment at the national level, nor has it been established that such an increase would affect foreign nationals in particular.

 

11.       Any complaint filed by an individual against the police is investigated seriously by the cantonal criminal authorities. Those authorities then conduct a preliminary investigation or institute pretrial proceedings with a view to referring the persons responsible to the court or, alternatively, to declaring the case closed or dismissing it if there is insufficient evidence, if the alleged contravention is not punishable or if there are grounds for the termination of public action. This decision is always taken by a judicial authority.

 

Subject of concern 4 (g) and recommendation 5 (g)

 

12.       In its oral statement of 6 May 2005, Switzerland gave a detailed account of the situation in the cantons. It emerges from this review that an independent mechanism exists in at least nine cantons to receive and address complaints against the police in order to guarantee the necessary independence and impartiality.

 

13.       In that connection, it should be underscored that the draft unified code of criminal procedure provides that coercive measures taken by the police shall be subject to review by a court on coercive measures, which will consider the legality of the measure taken and, also, any possible defects.

Subject of concern 4 (h) and recommendation 5 (h)

 

14.       With respect to the alleged restriction or aggravation of access to legal counsel, it should be noted that access to legal counsel is not directly concerned by the ongoing revision of the law on asylum. The right of asylum seekers to choose a legal representative at any stage of the proceedings remains unaffected. The revision of the law on asylum takes constitutional guarantees and guarantees under international public law fully into account. Therefore, every asylum seeker is and shall in future be heard before his or her application is decided. As a typical example of respect for rights, it is envisaged not to take up cases in the absence of identification documents; rather, the applicant must be heard in full on his or her grounds for asylum, in the presence of a representative from a support organization.

 

15.       With regard to the proposed extension of the pre deportation detention period, apart from the fact that this is a maximum legal limit, the conditions for pre deportation detention are clearly set out in the law and are subject to a fair judicial review by an independent judge in each particular case. The constitutionality of any extension of the detention period and its compatibility with public international law is carefully examined. In this context, it is recalled that any asylum seeker whose application is rejected is required to leave Switzerland.

 

16.       With regard to social benefits, while it is true that persons in cases of "non entry decisions" are not eligible for ordinary social benefits, nevertheless they receive emergency assistance granted by the cantons in case of need, as provided for in article 12 of the Federal Constitution. 

Emergency assistance covers food, lodging and medical care. The right to basic assistance is, therefore, guaranteed by law. Furthermore, the Federal Court ruled in its judgement of 18 March 2005 (2P.318/2004) that asylum seekers have the right to emergency assistance even if they act in an uncooperative manner.

 

Subject of concern 4 (i) and recommendation 5 (i)

 

17.       Information for asylum seekers on their rights, in particular on their right to access fresh air and medical care, is already available.

 

Access to fresh air

 

18.       A poster in the airport transit zone informs asylum seekers that they may have access to fresh air. Those who wish to avail themselves of that opportunity must so indicate to the supervisory staff responsible for organization, as the airport police must, for security reasons, accompany the persons concerned out of the transit zone.

 

Access to medical care

 

19.       Asylum seekers in the airport transit zone have access to medical care at all times. Every individual who makes an asylum application at the airport is taken to the Medical Centre shortly after his or her arrival. Moreover, every individual may be taken to the Medical Centre during his or her stay, depending upon the seriousness of the case.

    

CAT, CAT/C/CHE/CO/4/Add.2 (2007)

 

Comments by the Government of SWITZERLAND* ** on the conclusions and recommendations of the Committee against Torture (CAT/C/CR/34/CHE)

 

[15 May 2007]

 

1.         We refer to your letter of 5 April 2007 inviting us to respond to the recommendations made by the Committee against Torture following its report on Switzerland.

 

2.         Having checked our files, we can inform you that Switzerland has already responded to recommendations 5 (f), 5 (g) and 5 (i) in its letter dated 15 June 2005 but that it did omit to reply to question 5 (b), for which we apologize.

 

3.         In response to that question, we can now inform you that the Federal Council submitted to the Chambers a federal bill on the use of coercion and police measures in spheres within the jurisdiction of the Confederation (LUsC) on 18 January 2006. The bill is designed, in particular:

 

(a)        To regulate in a uniform manner, to the extent possible, the use of coercion and police measures by the authorities;

 

(b)        To ensure respect for the principles of the rule of law (equality, public interest, proportionality, respect for international law);

 

(c)        To ensure respect for fundamental rights (equality, prohibition of discrimination, protection from arbitrary interference, right to life and personal freedom, general procedural guarantees).

 

4.         The bill governs authorized means of coercion and police measures. Stun guns (tasers) are not permitted weapons. Moreover, techniques using physical force that might cause significant harm to the persons concerned are prohibited, in particular techniques that could obstruct the respiratory tract. Article 24 of the bill regulates the medical surveillance of persons being held or transported, while article 25 thereof provides that medicines may not be used in place of auxiliary means and may be prescribed only for medical reasons by persons authorized to do so under the legislation on medicines.

 

5.         The bill also regulates training for persons who might be called upon to use coercion and police measures.

 

6.         The Council of States enacted the bill on 9 June 2006. The National Council should deal with the Act at its summer session of 2007 and, in the event that it is accepted by the Chambers, the Act could enter into force in January 2008.

 

7.         In addition to the information provided above in response to your question 5 (b), we would like to inform you that the Federal Office of Justice is currently in the process of compiling the necessary information from the cantons to supplement the fourth periodic report of Switzerland. This supplementary information should reach you during the summer of 2007.

 

___________________________

 

*/  Previous replies to the conclusions and recommendations of the Committee are available in document CAT/C/CHE/CO/4/Add.1.

 

**/  In accordance with the information transmitted to States parties regarding the processing of their reports, the present document was not formally edited before being sent to the United Nations translation services.