CONTENTS
CONTENTS
[Original: English]
[12 July 1994]
Paragraphs Page
I.ORGANIZATIONAL AND OTHER MATTERS ......................1 - 161
A.States parties to the Convention ..................1 - 21
B.Opening and duration of the sessions ..............3 - 41
C.Membership and attendance .........................5 - 61
D.Solemn declaration by the newly elected members of
the Committee ..................................... 72
E.Election of officers .............................. 82
F.Agendas ...........................................9 - 102
G.Working methods of the Committee ..................11 - 143
H.Question of a draft optional protocol to the
Convention ........................................ 154
I.Cooperation and coordination of activities between
the Committee and the Special Rapporteur of the
Commission on Human Rights on questions relating to
torture ........................................... 164
II.ACTION BY THE GENERAL ASSEMBLY AT ITS FORTY-EIGHTH
SESSION ...............................................17 - 265
A.Annual report submitted by the Committee against
Torture under article 24 of the Convention ........ 185
B.Effective implementation of international
instruments on human rights, including reporting
obligations under international instruments on
human rights ......................................19 - 225
C.World Conference on Human Rights ..................23 - 265
III.SUBMISSION OF REPORTS BY STATES PARTIES UNDER
ARTICLE 19 OF THE CONVENTION ..........................27 - 447
IV.CONSIDERATION OF REPORTS SUBMITTED BY STATES PARTIES
UNDER ARTICLE 19 OF THE CONVENTION ....................45 - 17110
Paraguay ..............................................52 - 6511
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CONTENTS (continued)
Paragraphs Page
Poland ................................................66 - 7312
Egypt .................................................74 - 9614
Ecuador ...............................................97 - 10516
Portugal ..............................................106 - 11717
Cyprus ................................................118 - 12719
Switzerland ...........................................128 - 13720
Nepal .................................................138 - 14722
Greece ................................................148 - 15823
Israel ................................................159 - 17124
V.ACTIVITIES OF THE COMMITTEE UNDER ARTICLE 20 OF THE
CONVENTION ............................................172 - 17726
VI.CONSIDERATION OF COMMUNICATIONS UNDER ARTICLE 22 OF THE
CONVENTION ............................................178 - 19027
VII.ADOPTION OF THE ANNUAL REPORT OF THE COMMITTEE ON ITS
ACTIVITIES ............................................191 - 19329
Annexes
I.List of States which have signed, ratified or acceded to the
Convention against Torture and Other Cruel, Inhuman or Degrading
Treatment or Punishment as at 28 April 1994 ......................30
II.Membership of the Committee against Torture (1994-1995) ..........33
III.Status of submission of reports by States parties under
article 19 of the Convention as at 28 April 1994 .................34
IV.Country rapporteurs and alternate rapporteurs for each of the
reports of States parties considered by the Committee at its
eleventh and twelfth sessions ....................................39
V.Views of the Committee against Torture under article 22 of the
Convention .......................................................40
VI.List of documents issued for the Committee during the reporting
period ...........................................................54
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I. ORGANIZATIONAL AND OTHER MATTERS
A. States parties to the Convention
1.As at 28 April 1994, the closing date of the twelfth session of the Committee against Torture, there were 81 States parties to the Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment. The Convention was adopted by the General Assembly in resolution 39/46 of 10 December 1984 and opened for signature and ratification in New York on 4 February 1985. It entered into force on 26 June 1987 in accordance with the provisions of its article 27. A list of States which have signed, ratified or acceded to the Convention together with an indication of those that have made declarations under articles 21 and 22 of the Convention is contained in annex I to the present report.
2.The text of the declarations, reservations or objections made by States parties with respect to the Convention are reproduced in document CAT/C/2/Rev.3.
B. Opening and duration of the sessions
3.The Committee against Torture has held two sessions since the adoption of its last annual report. The eleventh and twelfth sessions of the Committee were held at the United Nations Office at Geneva from 8 to 19 November 1993 and from 18 to 28 April 1994.
4.At its eleventh session the Committee held 19 meetings (154th to 172nd meeting) and at its twelfth session the Committee held 17 meetings (173rd to 189th meeting). An account of the deliberations of the Committee at its eleventh and twelfth sessions is contained in the relevant summary records (CAT/C/SR.154-189).
C. Membership and attendance
5.In accordance with article 17 of the Convention, the Fourth Meeting of the States parties to the Convention was convened by the Secretary-General at the United Nations Office at Geneva, on 24 November 1993. The following five members of the Committee were elected for a term of four years beginning on 1 January 1994: Mr. Alexis Dipanda Mouelle, Mrs. Julia Iliopoulos-Strangas, Mr. Mukunda Regmi, Mr. Bent Sørensen and Mr. Alexander M. Yakovlev. The list of the members, together with an indication of the duration of their term of office, appears in annex II to the present report.
6.All the members attended the eleventh session of the Committee, except Mr. Gil Lavedra. The twelfth session of the Committee was attended by all the members, except Mr. Yakovlev. Mr. El Ibrashi and Mr. Gil Lavedra attended the first week of the session only.
D. Solemn declaration by the newly elected members of
the Committee
7.At the 173rd meeting, on 18 April 1994, the five members of the Committee who had been elected at the Fourth Meeting of the States parties to the Convention made the solemn declaration upon assuming their duties, in accordance with rule 14 of the rules of procedure.
E. Election of officers
8.At the 173rd meeting, on 18 April 1994, the Committee elected the following officers for a term of two years in accordance with article 18, paragraph 1, of the Convention and rules 15 and 16 of the rules of procedure:
Chairman: Mr. Alexis Dipanda Mouelle
Vice-Chairmen: Mr. Peter Thomas Burns
Mr. Fawzi El Ibrashi
Mr. Hugo Lorenzo
Rapporteur: Mr. Bent Sørensen
F. Agendas
9. At its 154th meeting, on 8 November 1993, the Committee adopted the following items listed in the provisional agenda submitted by the Secretary-General in accordance with rule 6 of the rules of procedure (CAT/C/23), as the agenda of its eleventh session:
1.Adoption of the agenda.
2.Organizational and other matters.
3.Submission of reports by States parties under article 19 of the Convention.
4.Consideration of reports submitted by States parties under article 19 of the Convention.
5.Consideration of information received under article 20 of the Convention.
6.Consideration of communications under article 22 of the Convention.
7.World Conference on Human Rights.
10.At its 173rd meeting, on 18 April 1994, the Committee adopted the following items listed in the provisional agenda submitted by the Secretary-General in accordance with rule 6 of the rules of procedure (CAT/C/26), as the agenda of its twelfth session:
1.Opening of the session by the representative of the Secretary-General.
2.Solemn declaration by the newly elected members of the Committee.
3.Election of the officers of the Committee.
4.Adoption of the agenda.
5.Organizational and other matters.
6.Submission of reports by States parties under article 19 of the Convention.
7.Consideration of reports submitted by States parties under article 19 of the Convention.
8.Consideration of information received under article 20 of the Convention.
9.Consideration of communications under article 22 of the Convention.
10.Action by the General Assembly at its forty-eighth session:
(a)Annual report submitted by the Committee against Torture under article 24 of the Convention;
(b)Effective implementation of international instruments on human rights, including reporting obligations under international instruments on human rights;
(c)World Conference on Human Rights.
11.Annual report of the Committee on its activities.
G. Working methods of the Committee
Eleventh session
11.In connection with this question, the Committee had before it an informal note by the Secretariat providing information on the working methods of other human rights treaty bodies.
12.At its 156th meeting, on 9 November 1993, the Committee exchanged views on possible ways to make its methods of work more effective. In view of forthcoming changes in the Committee's membership, the Committee agreed to leave any final decisions concerning its methods of work to the following session. However, the Committee felt that it could take immediately decisions to change the presentation of its annual reports to the General Assembly, particularly with regard to the sections containing summaries of the consideration of reports submitted by States parties, which were based on the records of the meetings at which those reports were considered.
13.At its 166th meeting, on 16 November 1993, the Committee decided that it would no longer require the preparation of summaries of the consideration of State party reports. The relevant sections of the annual report would be confined to the full text of the Committee's conclusions and recommendations and refer to the relevant summary records for details of the discussion.
Twelfth session
14.The Committee resumed the discussion on its working methods in a private meeting. It had before it a revised version of the informal note by the Secretariat providing updated information on the working methods of other human rights treaty bodies. The Committee decided to continue its practice of elaborating and adopting conclusions and recommendations immediately after the consideration of each report submitted by a State party. The conclusions and recommendations would be structured along the following lines: (a) introduction; (b) positive aspects; (c) factors and difficulties impeding the application of the provisions of the Convention; (d) subjects of concern; and (e) recommendations.
H. Question of a draft optional protocol to the Convention
15.At the 156th meeting, on 9 November 1993, Mr. Sørensen, who had been designated by the Committee as its observer in the inter-sessional open-ended working group of the Commission on Human Rights elaborating the protocol, informed the Committee on the progress made by the working group at its second session held at the United Nations Office at Geneva from 25 October to 5 November 1993.
I. Cooperation and coordination of activities between the
Committee and the Special Rapporteur of the Commission
on Human Rights on questions relating to torture
16.The Committee exchanged views on this issue with Mr. Nigel Rodley, Special Rapporteur of the Commission on Human Rights on questions relating to torture, at its 187th meeting, on 27 April 1994. Both the Committee and the Special Rapporteur stressed that their mandates were different, but complementary to achieve the common goal of reducing and eventually eradicating the plague of torture in the world. They were of the view that the existing coordination of their respective areas of work made it possible to avoid any overlap in their activities and that exchanges of views and information should continue on a regular basis.
II. ACTION BY THE GENERAL ASSEMBLY AT ITS FORTY-EIGHTH SESSION
17.The Committee considered this agenda item at its 176th, 185th and 187th meetings, held on 19, 26 and 27 April 1994.
A. Annual report submitted by the Committee against Torture
under article 24 of the Convention
18.The Committee was informed that by decision 48/430 of 20 December 1993, the General Assembly had taken note of the annual report of the Committee.
B. Effective implementation of international instruments on
human rights, including reporting obligations under
international instruments on human rights
Eleventh session
19.In accordance with the relevant decisions adopted by the Committee at its sixth session, at the 166th meeting, on 16 November 1993, Mr. El Ibrashi reported on the activities of the Human Rights Committee.
Twelfth session
20.In connection with this sub-item, the Committee had before it General Assembly resolution 48/120 of 20 December 1993 and Commission on Human Rights resolution 1994/19 of 24 February 1994.
21.The Committed agreed that Mr. Burns, Mr. Dipanda Mouelle, Mr. El Ibrashi and Mr. Sørensen continue to follow, respectively, the activities of the Committee on Economic, Social and Cultural Rights, the Committee on the Elimination of Racial Discrimination, the Human Rights Committee and the Committee on the Rights of the Child. The Committee also designated Mrs. Iliopoulos-Strangas and Mr. Regmi to follow, respectively, the activities of the Committee on the Elimination of Discrimination against Women and the Group of Three established under the International Convention on the Suppression and Punishment of the Crime of Apartheid.
22.At the 185th meeting on 26 April 1994, Mr. Sørensen reported on the activities of the Committee on the Rights of the Child.
C. World Conference on Human Rights
Eleventh session
23.At the 170th meeting, on 18 November 1993, Mr. Sørensen, who had represented the Committee at the World Conference on Human Rights, held at Vienna from 14 to 25 June 1993, as well as at the four sessions of its Preparatory Committee, informed the Committee on the outcome of the Conference.
Twelfth session
24.In connection with this sub-item, the Committed had before it General Assembly resolution 48/121 of 20 December 1993 and the Vienna Declaration and Programme of Action adopted by the World Conference on Human Rights. 1/
25.In addition, the Committee took note with appreciation of the letter addressed to it by the Assistant Secretary-General for Human Rights inviting the Committee to express its views and give its suggestions on how to ensure effective promotion and protection of human rights education, training and public information, in the light of the Vienna Declaration and Programme of Action adopted by the World Conference on Human Rights.
26.In its reply, the Committee, in particular, referred to the relevant provisions of article 10 of the Convention and to the legal obligation for States parties to the Convention to ensure that education and information regarding the prohibition against torture are fully included in the training of law enforcement personnel, civil or military; medical personnel; public officials and other persons who may be involved in the custody, interrogation or treatment of any individual subjected to any form of arrest, detention or imprisonment.
III. SUBMISSION OF REPORTS BY STATES PARTIES UNDER
ARTICLE 19 OF THE CONVENTION
Action taken by the Committee to ensure the submission of reports
Eleventh session
27.The Committee, at its 154th meeting, held on 8 November 1993, considered the status of submission of reports under article 19 of the Convention. The Committee had before it the following documents:
(a)Notes by the Secretary-General concerning initial reports of States parties which were due from 1988 to 1993 (CAT/C/5, 7, 9, 12, 16/Rev.1 and 21/Rev.1);
(b)Notes by the Secretary-General concerning second periodic reports which were due in 1992 and 1993 (CAT/C/17 and 20/Rev.1).
28.The Committee was informed that, in addition to the eight reports that were scheduled for consideration by the Committee at its eleventh session (see chap. IV, para. 45), the Secretary-General had received the initial report of Nepal (CAT/C/16/Add.3), the second periodic report of Switzerland (CAT/C/17/Add.12), and additional information from the United Kingdom of Great Britain and Northern Ireland concerning its dependent territories (CAT/C/9/Add.14). In accordance with rule 65 of the Committee's rules of procedure and its decisions, the Secretary-General continued sending reminders automatically to those States parties whose initial reports were more than 12 months overdue, and subsequent reminders every six months. In the case of reports which were more than three years overdue, the Chairman of the Committee, at its request, discussed the question of reporting obligations with the representatives of the States parties concerned or addressed a letter on the subject to the Minister for Foreign Affairs, as appropriate. Those States were Brazil and Guinea, whose initial reports were due in 1990 but had not yet been received after three and four reminders, respectively.
29.In addition, a second reminder was sent by the Secretary-General in August 1993 to Malta whose initial report was due in 1991 but had not yet been received, and a first reminder was sent in September 1993 to Venezuela, whose initial report was due in 1992 but had not yet been received.
30.With regard to States parties whose initial reports were more than four or five years overdue, namely Togo and Uganda, whose initial reports were due in 1988 and Guyana, whose initial report was due in 1989, the Committee deplored that, in spite of seven reminders to Togo and Uganda and six to Guyana, including a letter from its Chairman to their respective Ministers for Foreign Affairs, those States parties continued not to comply with the obligations they had freely assumed under the Convention. The Committee stressed that it had the duty to monitor the Convention and that the non-compliance of a State party with its reporting obligations constituted an infringement of the provisions of the Convention.
31.In this connection, the Committee agreed that, with regard to reports overdue for five years or more, it might decide to consider the implementation of the Convention in the States parties concerned in the absence of their reports and to invite their representatives to participate in the relevant meetings.
32.With regard to second periodic reports, the Committee was informed that, in July 1993, the Secretary-General had sent first reminders to Afghanistan, Austria, Belize, Bulgaria, Cameroon, Denmark, France, Luxembourg, the Philippines, the Russian Federation, Senegal and Uruguay, whose reports were due in 1992 but had not yet been received.
Twelfth session
33. At its 176th, 179th and 185th meetings held on 19, 21 and 26 April 1994, the Committee also considered the status of submission of reports under article 19 of the Convention. In addition to the documents listed in paragraph 27 above, the Committee had before it two notes by the Secretary-General: one concerning initial reports to be submitted by States parties in 1994 (CAT/C/24); and the other concerning second periodic reports to be submitted by States parties in 1994 (CAT/C/25).
34.The Committee was informed that, in addition to the four reports that were scheduled for consideration by the Committee at its twelfth session (see chap. IV, para. 47), the Secretary-General had received the initial reports of the Czech Republic (CAT/C/21/Add.2), Monaco (CAT/C/21/Add.1), the new text of the initial report of Peru (CAT/C/7/Add.16) replacing the one reproduced in document CAT/C/7/Add.15, and the second periodic reports of Chile (CAT/C/20/Add.3) and the Netherlands (CAT/C/25/Add.1). The revised version of the initial report of Belize requested for 10 March 1994 by the Committee at its eleventh session (see chap. IV, para. 46) had not yet been received.
35.The Committee was also informed that, in spite of an eighth reminder sent by the Secretary-General in February 1994, the initial reports of Togo and Uganda, which were due in 1988, had not yet been received. Similarly, the initial report of Guyana which was due in 1989 had not yet been received after six reminders. In accordance with the relevant decisions of the Committee, Togo, Uganda and Guyana had been requested to submit their initial and second periodic reports in one document.
36.In response to the latest reminder, the Government of Uganda, by a note verbale dated 15 February 1994, had stated that it would appreciate receiving the advisory services and technical assistance of the Centre for Human Rights in preparing the reports as soon as it would get details about the form of
assistance and what the Government was expected to do.
37.The Committee discussed the request made by the Government of Uganda with a representative of the Technical Cooperation and Information Branch of the Centre for Human Rights. The Committee recommended that Government officials responsible for the preparation of reports in Uganda be invited to attend the international course specifically aimed at training government officials in the reporting obligation system to be held at the International Training Centre of the International Labour Organization at Turin, Italy, in November 1994, within the framework of the Fellowship Programme of the Centre for Human Rights. In view of the long delay in the submission of reports by Uganda, the Committee also recommended that a programme of technical assistance specifically addressed to that State party for the preparation of reports under the Convention be suggested at a later stage to the Government of Uganda and submitted for approval to the Board of Trustees of the United Nations Voluntary Fund for Technical Cooperation in the Field of Human Rights. The proposed programme would focus on a one-week visit to Uganda of a member of the Committee against Torture accompanied by staff members of the Centre for Human Rights who would train government officials responsible for the preparation of reports and would explain what measures are required to fully implement the Convention.
38.In addition, the Committee was informed that, in December 1993, the Secretary-General had sent a fourth reminder to Guatemala and Somalia and, in February 1994, a third reminder to Malta, whose initial reports were due in 1991. Furthermore, first reminders were sent in February 1994 to Croatia, Estonia, Jordan, Yemen and Yugoslavia and a second reminder to Venezuela in April 1994, whose initial reports were due in 1992.
39.In its reply to the reminder, dated 23 March 1994, the Government of Croatia requested, through the Centre for Human Rights, advisory services and technical assistance in the field of human rights, particularly in the preparation of reports and better compliance with the reporting obligations. The Committee discussed that request also with a representative of the Technical Co-operation and Information Branch of the Centre for Human Rights. It recommended that government officials responsible for the preparation of reports in Croatia also be invited to attend the training course at Turin in November 1994, within the framework of the Fellowship Programme of the Centre for Human Rights.
40.With regard to second periodic reports, the Secretary-General, in February 1994, sent second reminders to Afghanistan, Austria, Bulgaria, Cameroon, Denmark, France, Luxembourg, the Philippines, the Russian Federation, Senegal and Uruguay, whose reports were due in 1992, and a first reminder to Colombia, whose report was due in 1993.
41.The Committee again requested the Secretary-General to continue sending reminders automatically to those States parties whose initial reports were more than 12 months overdue and subsequent reminders every 6 months.
42.In accordance with the decision adopted by the Committee at its seventh session, the Chairman, at the Committee's request, discussed with the representative of Guatemala, whose report was more than three years overdue, the difficulties that prevented that State party from complying with its reporting obligations under the Convention.
43.Finally, the Committee, noting that no reply had been received to the many reminders addressed to Guyana and Togo with regard to their reports, overdue for five years or more, once again strongly deplored the attitude of those States parties which persisted in not complying with the obligations they had freely assumed under the Convention.
44.The status of submission of reports by States parties under article 19 of the Convention as at 28 April 1994, the closing date of the twelfth session of the Committee, appears in annex III to the present report.
IV. CONSIDERATION OF REPORTS SUBMITTED BY STATES PARTIES
UNDER ARTICLE 19 OF THE CONVENTION
45.At its eleventh and twelfth sessions, the Committee considered initial reports submitted by six States parties and second periodic reports submitted by four States parties, under article 19, paragraph 1, of the Convention. At its eleventh session, the Committee devoted 13 of the 19 meetings held to the consideration of reports (see CAT/C/SR.158, 159 and Add.1, 160-162, 163/Add.1, 164-170). The following reports, listed in the order in which they had been received by the Secretary-General, were before the Committee at its eleventh session:
Belize (initial report) CAT/C/5/Add.25
Peru (initial report) CAT/C/7/Add.15
Paraguay (initial report) CAT/C/12/Add.3
Poland (initial report) CAT/C/9/Add.13
Egypt (second periodic report) CAT/C/17/Add.11
Ecuador (second periodic report) CAT/C/20/Add.1
Portugal (initial report) CAT/C/9/Add.15
Cyprus (initial report) CAT/C/16/Add.2
46.At its 156th meeting, on 9 November 1993, the Committee, after a preliminary dialogue with the representative of Belize, decided to request the Government of this State party to submit a revised version of its initial report together with its second periodic report in a single document. The Committee also agreed, at the request of the Government concerned, to postpone the consideration of the initial report of Peru. The Government of Peru wished to submit a new version of the report.
47.At its twelfth session, the Committee devoted 8 of the 17 meetings held to the consideration of reports submitted by States parties (see CAT/C/SR.177, 178 and Add.2, 179-184). The following reports listed in the order in which they had been received by the Secretary-General, were before the Committee at its twelfth session:
Switzerland (second periodic report) CAT/C/17/Add.12
Nepal (initial report) CAT/C/16/Add.3
Greece (second periodic report) CAT/C/20/Add.2
Israel (initial report) CAT/C/16/Add.4
48.In accordance with rule 66 of the rules of procedure of the Committee, representatives of all the reporting States were invited to attend the meetings of the Committee when their reports were examined. All of the States parties whose reports were considered by the Committee sent representatives to participate in the examination of their respective reports.
49.In accordance with the decision taken by the Committee at its fourth session, 2/ country rapporteurs and alternate rapporteurs were designated by the Chairman, in consultation with the members of the Committee and the Secretariat, for each of the reports submitted by States parties and considered by the Committee at its eleventh and twelfth sessions. The list of the above-mentioned reports and the names of the country rapporteurs and their alternates for each of them appear in annex IV to the present report.
50.In connection with its consideration of reports, the Committee also had before it the following documents:
(a)Status of the Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment, and reservations and declarations under the Convention (CAT/C/2/Rev.3);
(b)General guidelines regarding the form and contents of initial reports to be submitted by States parties under article 19 of the Convention (CAT/C/4/Rev.2);
(c)General guidelines regarding the form and contents of periodic reports to be submitted by States parties under article 19 of the Convention (CAT/C/14).
51.In accordance with the decision taken by the Committee at its eleventh session, (see para. 13 above) the following sections arranged on a country-by-country basis according to the sequence followed by the Committee in its consideration of the reports, contain references to the reports submitted by the States parties and to the summary records of the meetings of the Committee at which the reports were considered, as well as the text of conclusions and recommendations adopted by the Committee with respect to the States parties' reports considered at its eleventh and twelfth sessions.
Paraguay
52.The Committee considered the initial report of Paraguay (CAT/C/12/Add.3) at its 158th, 159th and 161st meetings, held on 10 and 11 November 1993 (see CAT/C/SR.158, 159 and 161), and adopted the following conclusions and recommendations:
A. Introduction
53.The Committee thanks the State party for its report and for its cooperation in the constructive dialogue with the Committee; it takes note of the information submitted in the report and presented orally by the representative of Paraguay.
54.Paraguay has complied with its obligation to submit an initial report under article 19 of the Convention, and its second periodic report is due on 10 April 1995.
B. Positive aspects
55.The Committee regards as very positive the fact that Paraguay now has a democratic Government and that its authorities have expressed the firm determination to promote and protect human rights and, in particular, to bring about the total and effective eradication of torture and other similar treatment. It also regards as a positive step the adoption in 1992 of a new democratic Constitution that firmly enshrines fundamental human rights and expressly prohibits torture.
56.It is also encouraging that judicial proceedings are now under way to investigate grave violations of human rights, especially torture and political murders committed under the previous regime.
C. Subjects of concern
57.However, the Committee is concerned, firstly, that the practice of torture continues within the police, according to serious allegations received; the victims of this practice are said to be not only adults, but also minors.
58.The Committee is also concerned about the complex situation in the prisons, which do not appear to meet the minimum requirements in order to serve as re-education centres for offenders and not to become instruments of ill-treatment.
59.Another cause for concern is the continued lack of legal mechanisms to make clearer the prohibition of torture (which the Constitution has already established), to halt extended or incommunicado detention and, in general, to bring domestic law fully into line with the Convention. The Committee is also concerned about the absence, in practice, of a swift and firm reaction on the part of the courts to allegations of ill-treatment and torture.
60.Lastly, the Committee is concerned about the slow pace of judicial proceedings relating to violations of human rights committed under the previous regime and also about Paraguay's apparently inadequate system for the civil compensation and rehabilitation of victims.
D. Recommendations
61.The Committee believes that Paraguay could have a more complete mechanism for the eradication of torture if it recognized the competence of the Committee under articles 21 and 22 of the Convention.
62.The Committee hopes to receive in writing the replies that it did not obtain orally during those meetings and, in particular, comments on the information communicated to the Committee by two non-governmental organizations.
63.The Committee encourages the Government of Paraguay to finish making changes to its legislation and to bring it into line with the Convention, as well as to speed up investigations and judicial proceedings relating to torture and other similar treatment.
64.The Government might wish to request the technical assistance of the United Nations Centre for Human Rights.
65.A contribution by Paraguay to the United Nations Voluntary Fund for Victims of Torture would be a gesture reflecting that State's determination to promote human rights.
Poland
66.The Committee considered the initial report of Poland (CAT/C/9/Add.13) at its 160th and 161st meetings, held on 11 November 1993 (see CAT/C/SR.160 and 161), and adopted the following conclusions and recommendations:
A. Introduction
67.The Committee thanks Poland for its report, and is grateful to it for having begun a fruitful dialogue with the Committee through a highly qualified delegation.
68.Even though it is two and half years late, the report is in keeping with the requirements of the Convention and the Committee's general guidelines concerning the form and contents of initial reports.
B. Positive aspects
69.Poland is one of the first Eastern European countries to bring about broad and far-reaching reforms in all areas - political, economic, social and legislative. It has ratified the European Convention on Human Rights and the Convention against Torture without reservations, as well as other international human rights instruments.
70.The Committee notes with satisfaction the considerable progress made by the Government of Poland in combating the various forms of torture. The reform of prison legislation is of a high standard.
C. Subjects of concern
71.At the same time, the Committee notes with concern that the reforms of criminal legislation and criminal procedure are overdue and incomplete:
(a)The legislation contains no definition of torture;
(b)The Public Prosecutor has more powers than the courts;
(c)There are no special provisions for compensating victims of torture.
D. Recommendations
72.The Committee recommends that the Government of Poland should:
(a)Take the necessary steps to have the new draft Penal Code and Code of Criminal Procedure adopted, thus solving the specific problems brought about by torture;
(b)Guarantee and ensure adequate redress and compensation for victims of torture;
(c)Formulate a specific training programme on torture for civilian and military personnel, lawyers and the medical profession.
73.The Committee hopes to receive information from the State party on the questions raised by members of the Committee which have not been answered.
Egypt
74.The Committee considered the second periodic report of Egypt (CAT/C/17/Add.11) at its 162nd, 163rd and 170th meetings, held on 12 and 18 November 1993 (see CAT/C/SR.162, 163/Add.1 and 170), and adopted the following conclusions and recommendations:
A. Introduction
75.The Committee thanks Egypt for its report and the written replies to the questions raised by the members of the Committee during its consideration of the State party's initial report (CAT/C/5/Add.23).
76.It welcomes the willingness of the Government of Egypt to continue the dialogue with the Committee, as shown by the presence of a large, high-level delegation, which it thanks for the replies given to its questions.
77.It nevertheless deplores the fact that the report was not prepared in accordance with the Committee's general guidelines and that the information does not follow the sequence of articles 2 to 16 of the Convention. Although the report contains a wealth of information on legislation, with an accompanying annex in which the articles of the Convention are compared with some articles of the Constitution and those of other legislative provisions, it provides very little information on the application of the Convention in practice, even though the representative of the State gave other additional information in his oral introduction.
78.It also deplores the fact that the replies given by the Egyptian delegation were often more general than specific.
79.The Committee considers that it would have been particularly useful for additional information to have been made available, including statistics on investigations into allegations of torture, legal proceedings and sentences handed down against persons responsible for acts of torture and ill-treatment.
80.The Committee thanks the State party for the core document (HRI/CORE/1/Add.19), which was prepared in accordance with the consolidated guidelines for the initial part of reports of States parties to be submitted under the various international human rights instruments.
81.The Committee regrets that some documents and information on statistical data needed for a practical understanding of the report were not annexed to the report at the time of its submission and were not distributed to the members of the Committee until during the 162nd meeting.
B. Positive aspects
82.The Committee notes with satisfaction that the renewed dialogue with the State party has enabled it to assess the extent to which domestic legislation is in keeping with the provisions of the Convention, as well as the factors and difficulties impeding their application.
83.It also notes that, in general, the legal situation is satisfactory, in so far as litigants and the Egyptian people seem to have confidence in the ordinary law courts.
84.It welcomes the fact that non-governmental organizations active in the field of human rights have the opportunity to express themselves freely and to visit certain places of detention.
C. Factors and difficulties impeding the application
of the provisions of the Convention
85.The Committee notes that the state of emergency proclaimed in Egypt without interruption since 1981 is one of the main obstacles to the full application of the provisions of the Convention.
D. Subjects of concern
86.In the light of a good deal of concordant and specific information received from a number of reliable non-governmental organizations and from the Special Rapporteur of the United Nations Commission on Human Rights to examine questions relevant to torture, the Committee is concerned about the fact that torture is apparently still widespread in Egypt.
87.The Committee is also concerned about shortcomings in suitable preventive measures to combat torture, including the length and conditions of police custody and administrative detention and the slow pace of trials of persons responsible for acts of torture or ill-treatment.
88.It is also concerned about the existence in Egypt of many special courts, such as the military courts whose functioning would suggest that they are subordinate to the head of the executive branch, since some provisions of the Act on the State of Emergency authorize the President of the Republic to refer cases to the State security courts and to approve the decisions handed down.
89. Aware that, in recent years, terrorism has created a disturbing and alarming situation in Egypt and mindful of the fact that it is the Government's responsibility to combat terrorism in order to maintain law and order, the Committee nevertheless notes that the different measures taken or to be taken for that purpose must never result in non-compliance with the Convention by the State party or in any case justify torture. It should be recalled in that respect that, under article 2 of the Convention, no exceptional circumstances whatsoever, whether a state of war or a threat of war, internal political stability, an order from an superior officer or a public authority or any other public emergency, may be invoked as a justification of torture.
E. Recommendations
90.The Committee suggests that the State party should provide in its penal legislation for all forms of torture, fully incorporating all elements of the definition contained in article 1 of the Convention.
91.The Committee also suggests that the State party should include in its next periodic report, which is due in 1996, all the details and information relating to the many questions and inquiries which were not answered during the discussion.
92.The Committee also suggests that the State party should establish machinery for a systematic review of interrogation rules, methods and practices, particularly in police premises, in order to honour its commitments under article 11 of the Convention.
93.It recommends that the Government of Egypt should continue its efforts to introduce other reforms to penal legislation, particularly with regard to the reduction of the excessive powers granted to the executive by certain legislative provisions and the length and conditions of police custody and administrative detention.
94.The Committee recommends that, while paying particular attention to the protection of the rights of persons arrested and detained, the State party should intensify the educational, training and information programmes provided for in article 10 of the Convention, for all the officials concerned.
95.The Committee recommends that the Egyptian authorities should undertake and expedite serious investigations into the conduct of the police forces in order to establish the truth of the many allegations of acts of torture and, if the results of the investigations are positive, bring the persons responsible before the courts and issue and transmit to the police specific and clear instructions designed to prohibit any act of torture.
96.The Committee, which appreciates the ratification by Egypt of most human rights Covenants and Conventions, hopes that the Egyptian Government will respond favourably to these suggestions and recommendations and that it will spare no effort to put them into practice.
Ecuador
97.The Committee against Torture considered the periodic report of Ecuador (CAT/C/20/Add.1) at its 164th and 165th meetings, held on 15 November 1993 (see CAT/C/SR.164 and 165), and adopted the following conclusions and recommendations:
A. Introduction
98.The Committee thanks the State party for its report and its sincere cooperation in the constructive dialogue with the Committee. It takes note of the information submitted in the report and in the oral presentation by the delegation of Ecuador.
99.Ecuador has fulfilled its obligation to submit a periodic report under article 19 of the Convention. Its next report is due on 28 April 1997.
B. Positive aspects
100.The Committee appreciates the firm commitment of the Government of Ecuador to the promotion and protection of human rights and in particular its efforts to eradicate all forms of torture.
101.It also appreciates the efforts made by Ecuador to modernize its legislation (Constitution, Penal Code, Code of Penal Procedure, and Act on the Attorney-General's Office) and to establish a Judicial Police, which will be the only public body responsible to criminal investigation, under the direct supervision of independent magistrates.
C. Subjects of concern
102.The Committee is nevertheless concerned by the many allegations received from various non-governmental organizations regarding torture, which is reportedly practised in a number of places of detention and prisons, particularly in the premises of the Crime Investigation Office.
103.The Committee is also by the fact that no action has been taken on several of the recommendations it made to Ecuador in 1991, in particular those aimed at bringing all custodial measures (arrest warrants, habeas corpus) under the direct responsibility of independent members of the judiciary. In general, the Committee is concerned by the limitations that appear to be placed on the powers of the courts in Ecuador and by the existence of officials referred to as "judges" who are empowered to try cases without belonging to the judiciary and who consequently do not provide safeguards of independence.
D. Recommendations
104.The Committee recommends that Ecuador should take fundamental and urgent steps for the complete eradication of torture and other similar treatment. To that end, the Government should ensure that all forms of torture as defined in article 1 of the Convention are offences under criminal law.
105.The Committee also encourages Ecuador to implement, within a reasonable period the legislative reforms undertaken to place the criminal justice system (from the investigation of offences to the serving of sentences) under the direct supervision of independent members of the judiciary and ensure that they can quickly investigate reported or suspected cases of torture or ill-treatment.
Portugal
106.The Committee considered the initial report of Portugal (CAT/C/9/Add.15) at its 166th and 167th meetings, held on 16 November 1993 (see CAT/C/SR.166 and 167), and adopted the following conclusions and recommendations:
A. Introduction
107.The Committee notes with satisfaction that the report of Portugal is in conformity with its general guidelines on the presentation of the initial reports to be submitted by States parties under article 19, paragraph 1, of the Convention.
108.It listened with interest to the oral statement and explanations and clarifications of the Portuguese delegation. It greatly appreciated the spirit of trust and fruitful cooperation that characterized the dialogue with the delegation.
109.However, the Committee noted with regret that the report had been submitted more than three years late, contrary to the provisions of article 19, paragraph 1, which stipulates that States parties should submit initial reports within one year after the entry into force of the Convention for the State party concerned.
B. Positive aspects
110.The Committee expresses its appreciation for the efforts made by the State party in the constitutional and legislative fields to ensure that its legal system is in conformity with the Convention. Those efforts seem to be the expression of a genuine desire to create the conditions necessary to protect the physical and moral integrity of individuals and to prevent the practice of torture and cruel, inhuman or degrading treatment.
111.The Committee particularly appreciates the fact that the Constitution of Portugal:
(a)States that duly ratified international conventions are directly applicable and directly binding on all public and private bodies;
(b)Affirms the joint liability of the State, its public bodies and officials in civil matters;
(c)Declares evidence obtained under torture to be invalid, as well as clearly proclaiming that the right to physical integrity cannot be called in question when the country is under a state of siege or a state of emergency.
112.The Committee considers as positive the objectives of the institutions set up to protect and promote human rights, and the broad teaching, training and information programme being carried out to that end.
C. Subjects of concern
113.The Committee against Torture notes with regret that, despite those efforts:
(a)Ill-treatment and occasionally acts qualified as torture continue in police stations and other places of detention throughout the country;
(b)Investigations into such allegations are often embarked upon rather late and last too long and offenders are not always brought to court. That situation, together with the lightness of the sentences imposed, creates an impression that the culprits act with relative impunity - an impression highly prejudicial to the implementation of the provisions of the Convention.
114.The Committee also considers that the duration of pre-trial detention, both in law and in practice, is a negative factor.
115.Moreover, it regrets the treatment of the territory of Macao, under Portuguese administration until December 1999, owing to the non-application of the Convention against Torture to that territory.
D. Recommendations
116.In conclusion, the Committee recommends:
(a)That the next periodic report of the State party should be submitted within the time-limit laid down in the Convention;
(b)That the State party should continue its efforts, particularly with respect to the reform of the Penal Code and the Code of Criminal Procedure, to ensure that its legislation is fully in conformity with the provisions of the Convention;
(c)That it should establish machinery for the systematic review of interrogation rules, instructions, methods and practices, particularly at police stations, as stipulated in article 11 of the Convention, and ensure that such machinery is sufficiently effective, as required by article 2, to give full effect to the commitments assumed and to implement the provisions of the Convention.
(d)That it should extend the application of the Convention to Macao, in accordance with article 2, paragraph 1, of the Convention.
117.The Committee against Torture takes note of the undertakings given by the Portuguese delegation and is convinced that Portugal will spare no effort to implement these recommendations.
Cyprus
118.The Committee considered the initial report of Cyprus (CAT/C/9/Add.15) at its 168th and 169th meetings, held on 17 November 1993 (see CAT/C/SR.168 and 169), and adopted the following conclusions and recommendations:
A. Introduction
119.The report was due on 16 August 1992 and was received on 23 June 1993. In all respects the report meets the guidelines of the Committee and the Committee compliments Cyprus on the comprehensive and detailed information provided.
B. Positive aspects
120.The Committee feels that Cyprus has a very advanced legislative and administrative scheme for the implementation of human rights values contained in international instruments.
121.In this regard the Committee notes with satisfaction the proposed amendment to the Ombudsman's jurisdiction granting him clear authority to investigate and report on human rights violations.
122.Legal protection of basic rights is also apparent in the constitutional provisions of Cyprus.
C. Factors and difficulties affecting the implementation
of the Convention
123.There seem to be no structural or legal impediments to full implementation of the Convention. On the contrary, the legal, legislative, and administrative framework is most comprehensive and probably as good as the most advanced anywhere.
D. Subjects of concern
124.Casual brutality by police officers has been reported, particularly at Limassol Police Station.
125.This may reveal a lack of professionalism which if not dealt with strictly could, in a small country with a fairly homogeneous culture, take a firm hold on police practices.
126.The Committee notes though, the response of the authorities in prosecuting two officers on charges of torture and the decision of President Clerides to ask the Council of Ministers to set up a Commission of Inquiry into the reported draft conclusions of the European Committee for the Prevention of Torture. The Committee notes also that this Commission of Inquiry has been set up and is engaged in its inquiries.
E. Recommendations
127.The legal and administrative constructs in Cyprus need no changes. But recommendations can be made:
(a)When complaints committees are set up to examine questions of police brutality that may contravene the Convention against Torture a great effort should be made to ensure that their composition cannot be criticized on the basis of real or perceived partiality;
(b)It is sometimes very difficult for small, homogeneous States to change institutional attitudes and practices without creating the risk of a strong reaction. Very often it is useful to utilize an external agency for this catalytic role. Quite obviously, not only do the police need to be disciplined and prosecuted for any unlawful conduct, but a real attempt must be made to properly internalize their attitudes towards the human rights values that they must respect in their everyday activities. In this regard, as well as with respect to the emphasis in their police training, the programme of advisory services and technical assistance of the Centre for Human Rights is ready to assist in the educational and re-educational mission. A joint initiative between that programme and the Government of Cyprus, with appropriate attendant publicity, may go some way towards affecting police attitudes;
(c)The requirement of reciprocity in Conventions, even in the limited sense that the representative of Cyprus offered in his answer to the Committee, is somewhat cryptic; this could be re-examined and clarified in the periodic report;
(d)The Committee also likes to receive answers to its unanswered questions;
(e)The Committee wishes to express its appreciation to Cyprus for its comprehensive report and its obvious willingness to deal with the questions raised by the members of the Committee.
Switzerland
128.The Committee against Torture considered Switzerland's second periodic report (CAT/C/17/Add.12) at its 177th and 178th meetings, held on 20 April 1994 (see CAT/C/SR.177 and 178 and Add.2), and adopted the following conclusions and recommendations:
A. Introduction
129.The Committee against Torture thanks the Government of Switzerland for its second periodic report. It also listened with interest to the oral report and clarifications presented by the Swiss delegation. The Committee wishes to thank the delegation for its replies and for the spirit of open-minded cooperation in which the dialogue was conducted. It considers the report to be in conformity with the Committee's guidelines regarding periodic reports.
B. Positive aspects
130.The Committee appreciates the renewed determination of the Swiss Government to guarantee respect for, and the protection of, human rights through its accession to a number of international and regional instruments for the promotion of such rights and its intention to support the adoption of the draft optional protocol to the Convention against Torture.
131.The Committee notes with satisfaction and sets special store by the fact that no governmental or non-governmental body has affirmed the existence of cases of torture within the meaning of article 1 of the Convention.
C. Subjects of concern
132.However, the Committee, which has heard of cases of ill-treatment suffered by persons arrested by the police, considers that reform of the legislation and practice relating to police custody and pre-trial detention is desirable, particularly the right to get in touch with one's family, immediate access to a lawyer and the right to a medical examination by a doctor of the detained person's choice or drawn from a list of doctors compiled by the Medical Association.
133.The Committee is also concerned about the system of holding persons incommunicado during pre-trial detention and the problem of solitary confinement of prisoners for long periods, which may constitute inhuman treatment.
134.The Committee, while welcoming the delegation's assurances that the Federal Court views the right of non-return as a basic right, none the less fears that certain provisions of the legislation on the right to asylum may authorize return and extradition to States in which the applicant is genuinely at risk of being subjected to torture, in violation of article 3 of the Convention.
D. Recommendations
135.The Committee considers it essential that any asylum-seeker whose case is being considered with a view to return or regularization of his situation should be treated with due consideration for his dignity and should be protected against any measure that deprives him of his liberty.
136.The Committee takes note of the delegation's promise to furnish missing information in writing within six months, in particular certain statistics.
137.The Committee is convinced that the State party will make every effort to introduce the suggested legislative and administrative improvements with a view to ensuring even more satisfactory compliance with the standards laid down by the Convention.
Nepal
138.The Committee considered the initial report of Nepal (CAT/C/16/Add.3) at its 179th and 180th meetings, on 21 April 1994 (see CAT/C/SR.179 and 180), and adopted the following conclusions and recommendations:
A. Introduction
139.The Committee commends the Kingdom of Nepal for its timely report. The report was scant on detail and did not follow the guidelines of the Committee (CAT/C/4/Rev.2). It was, however, supplemented by additional information provided during the oral introduction.
B. Positive aspects
140.Nepal is taking positive steps to meet its obligations under the Convention and has in place the democratic institutions necessary to do so. This is all the more impressive in the light of the lack of economic resources that the country has.
141.The Committee notes that Nepal is currently considering legislation incorporating a crime of torture into its domestic law and is also enacting a compensation scheme.
C. Subjects of concern
142.The Committee is concerned that the proposed definition of torture is not as wide as that required by article 1 of the Convention.
143.The Committee is also concerned that the capacity to collect the data necessary to carry out its reporting functions under Article 19 of the Convention may also be lacking.