A/50/44
A/50/44
United Nations
Report of the Committee
against Torture
General Assembly
Official Records • Fiftieth Session
Supplement No. 44 (A/50/44)
A/50/44
Report of the Committee
against Torture
General Assembly
Official Records • Fiftieth Session
Supplement No. 44 (A/50/44)
United Nations • New York, 1995
NOTE
Symbols of United Nations documents are composed of capital letters combined with figures. Mention of such a symbol indicates a reference to a United Nations document.
ISSN 1020-170X
[Original: English]
[26 July 1995]
CONTENTS
Paragraphs Page
I. ORGANIZATIONAL AND OTHER MATTERS ..................... 1 - 20 1
A. States parties to the Convention ................. 1 - 2 1
B. Opening and duration of the sessions ............. 3 - 4 1
C. Membership and attendance ........................ 5 - 8 1
D. Solemn declaration by a member of the Committee .. 9 2
E. Officers ......................................... 10 2
F. Agendas .......................................... 11 - 12 2
G. Working methods of the Committee relating to its
functions under article 22 of the Convention ..... 13 - 15 3
H. Staff resources .................................. 16 - 20 4
II. ACTION BY THE GENERAL ASSEMBLY AT ITS FORTY-NINTH
SESSION .............................................. 21 - 25 5
A. Annual report submitted by the Committee against
Torture under article 24 of the Convention ....... 21 - 22 5
B. Effective implementation of international
instruments on human rights, including reporting
obligations under international instruments on
human rights ..................................... 23 - 25 5
III. SUBMISSION OF REPORTS BY STATES PARTIES UNDER
ARTICLE 19 OF THE CONVENTION ......................... 26 - 43 6
Action taken by the Committee to ensure the submission
of reports ........................................... 26 - 43 6
IV. CONSIDERATION OF REPORTS SUBMITTED BY STATES PARTIES
UNDER ARTICLE 19 OF THE CONVENTION ................... 44 - 182 9
Chile ................................................ 52 - 61 10
Peru ................................................. 62 - 73 11
Monaco ............................................... 74 - 79 13
Liechtenstein ........................................ 80 - 85 14
Czech Republic ....................................... 86 - 94 14
CONTENTS (continued)
Paragraphs Page
Libyan Arab Jamahiriya ............................... 95 - 104 16
Morocco .............................................. 105 - 115 17
Netherlands .......................................... 116 - 131 18
Mauritius ............................................ 132 - 145 20
Italy ................................................ 146 - 158 21
Jordan ............................................... 159 - 182 23
V. ACTIVITIES OF THE COMMITTEE UNDER ARTICLE 20 OF THE
CONVENTION ........................................... 183 - 188 26
VI. CONSIDERATION OF COMMUNICATIONS UNDER ARTICLE 22 OF
THE CONVENTION ....................................... 189 - 201 27
VII. AMENDMENTS TO THE RULES OF PROCEDURE OF THE COMMITTEE202 - 203 29
VIII. FUTURE MEETINGS OF THE COMMITTEE ..................... 204 - 209 30
IX. ADOPTION OF THE ANNUAL REPORT OF THE COMMITTEE ON ITS
ACTIVITIES ........................................... 210 - 212 31
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 5 May 1995 ......................... 32
II. Membership of the Committee against Torture (1995) ............... 36
III. Status of submission of reports by States parties under article 19
of the Convention as at 5 May 1995 ............................... 37
IV. Country rapporteurs and alternate rapporteurs for each of the
reports of States parties considered by the Committee at its
thirteenth and fourteenth sessions ............................... 42
V. Decisions of the Committee against Torture under article 22 of the
Convention ....................................................... 43
VI. Amended rules of procedure ....................................... 75
VII. List of documents for general distribution issued for the
Committee during the reporting period ............................ 77
I. ORGANIZATIONAL AND OTHER MATTERS
A. States parties to the Convention
1. As at 5 May 1995, the closing date of the fourteenth session of the Committee against Torture, there were 88 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 thirteenth and fourteenth sessions of the Committee were held at the United Nations Office at Geneva from 7 to 18 November 1994 and from 24 April to 5 May 1995, respectively.
4. At its thirteenth session the Committee held 18 meetings (190th to 207th meeting) and at its fourteenth session the Committee held 19 meetings (208th to 226th meeting). An account of the deliberations of the Committee at its thirteenth and fourteenth sessions is contained in the relevant summary records (CAT/C/SR.190-226).
C. Membership and attendance
5. In accordance with article 17, paragraph 6, of the Convention and rule 13 of the Committee's rules of procedure, Mr. Hassib Ben Ammar, by a letter dated 6 January 1995, informed the Secretary-General of his decision to cease his functions as a member of the Committee. By a note dated 31 January 1995, the Government of Tunisia informed the Secretary-General of its decision to appoint, subject to the approval of the States parties, Mr. Habib Slim to serve for the remainder of Mr. Ben Ammar's term on the Committee, which will expire on 31 December 1995.
6. Since none of the States parties to the Convention responded negatively within the six-week period after having been informed by the Secretary-General of the proposed appointment, the Secretary-General considered that they had approved the appointment of Mr. Slim as a member of the Committee, in accordance with the above-mentioned provisions. The list of the members of the Committee in 1995, together with an indication of the duration of their term of office, appears in annex II to the present report.
7. All the members attended the thirteenth session of the Committee. The fourteenth session of the Committee was attended by all the members, except Mr. Hugo Lorenzo, who was not authorized to travel by the United Nations on the grounds of incompatibility between his present status of international civil servant and that of member of the Committee.
8. The Committee, through its Chairman, addressed a letter to the Secretary-General of the United Nations in which it stated that such a decision seriously interfered with the activities of the Committee and asked him to reconsider it immediately. Unfortunately, the Committee had not received a reply by the end of its fourteenth session.
D. Solemn declaration by a member of the Committee
9. At the 208th meeting, on 24 April 1995, the newly appointed member of the Committee, Mr. Habib Slim, made the solemn declaration upon assuming his duties, in accordance with rule 14 of the rules of procedure.
E. Officers
10. The following members of the Committee acted as officers during the reporting period:
Chairman: Mr. Alexis Dipanda Mouelle
Vice-Chairmen: Mr. Peter Thomas Burns
Mr. Fawzi El Ibrashi
Mr. Hugo Lorenzo
Rapporteur: Mr. Bent Sørensen
F. Agendas
11. At its 190th meeting, on 7 November 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/27) as the agenda of its thirteenth 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.
12. At its 208th meeting, on 24 April 1995, 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/30) as the agenda of its fourteenth session:
1. Adoption of the agenda.
2. Solemn declaration by a member of the Committee appointed under article 17, paragraph 6, of the Convention.
3. Organizational and other matters.
4. Submission of reports by States parties under article 19 of the Convention.
5. Consideration of reports submitted by States parties under article 19 of the Convention.
6. Consideration of information received under article 20 of the Convention.
7. Consideration of communications under article 22 of the Convention.
8. Future meetings of the Committee.
9. Action by the General Assembly at its forty-ninth session:
(a) Annual report submitted by the Committee under article 24 of the Convention;
(b) Effective implementation of international instruments on human rights, including reporting obligations under international instruments on human rights.
10. Amendments to the rules of procedure of the Committee.
11. Annual report of the Committee on its activities.
G. Working methods of the Committee relating to its
functions under article 22 of the Convention
13. During its thirteenth session, the Committee considered possible ways to make its methods of work under article 22 of the Convention more effective.
14. In the light of recent communications received, in particular with regard to article 3 of the Convention, the Committee was of the view that it was necessary to appoint from among its members inter-sessional rapporteurs who would take urgent action on new communications submitted to the Committee and report on any action taken to the Committee at the beginning of its subsequent session. In this connection, the Committee, on 16 November 1994, adopted the following decision:
"The Committee against Torture,
"Noting the increasing number of new communications submitted under article 22 of the Convention,
"Noting also that, in many cases, the authors of communications make requests for interim measures of protection, in accordance with rule 108, paragraph 9, of the Committee's rules of procedure,
"Considering that the Committee's present methods of work do not give it the required flexibility to deal expeditiously with the processing of new communications, particularly in the inter-sessional period,
"Decides:
"1.That any member of the Committee may act as a special rapporteur for a new communication, with the following mandate:
"(a)To examine the communication received by the Committee and to take whatever action might be necessary pursuant to rule 108, paragraphs 1, 5 and 8, of the Committee's roles of procedure;
"(b)To issue requests under rule 108, paragraph 9, of the rules of procedure;
"2.That, at the beginning of each session, members having acted as special rapporteur shall inform the Committee concerning action taken under rule 108."
15. Pursuant to this decision, the Committee also amended rules 106 and 108 of its rules of procedure, as indicated in chapter VII, paragraph 202. The text of rules 106 and 108, as amended, appears in annex VI to the present report.
H. Staff resources
16. The Committee discussed this issue at its 225th meeting, on 4 May 1995.
17. The Committee was of the view that the greater complexity of its work and more intensive pace of its operations - resulting from the increase in the number of States parties to the Convention, the new cycle of periodic reports submitted by States parties, the increasing amount of information received under the inquiry procedure and the growing number of communications submitted under the individual communication procedure - had added significantly to the workload of the Secretariat providing substantive servicing to the Committee.
18. The Committee recalled that, in accordance with article 18, paragraph 3, of the Convention, the Secretary-General of the United Nations shall provide the necessary staff and facilities for the effective performance of the functions of the Committee.
19. The Committee underlined that recommendations concerning the provision of adequate Secretariat resources for human rights treaty bodies had already been made by the persons chairing such bodies in the "Vienna statement of the international human rights treaty bodies" of June 1993 1/ and, most recently, in the report of their fifth meeting, held at the United Nations Office at Geneva from 19 to 23 September 1994. 2/
20. The Committee therefore requests the Secretary-General to take the necessary steps to ensure a substantial increase in the staff assigned to service the Committee in order to enable it to perform effectively the functions entrusted to it under the Convention.
II. ACTION BY THE GENERAL ASSEMBLY AT ITS FORTY-NINTH SESSION
A. Annual report submitted by the Committee against
Torture under article 24 of the Convention
21. The Committee considered this agenda item at its 225th meeting, held on 4 May 1995.
22. The Committee took note of General Assembly resolution 49/177 of 23 December 1994 and Commission on Human Rights resolution 1995/37 A of 3 March 1995 on the status of the Convention. The Committee took note also of Commission on Human Rights resolution 1995 33 on the question of a draft optional protocol to the Convention.
B. Effective implementation of international instruments
on human rights, including reporting obligations under
international instruments on human rights
Thirteenth session
23. At the 207th meeting, held on 18 November 1994, the Chairman of the Committee, who had participated in the fifth meeting of persons chairing the human rights treaty bodies, provided information on the conclusions and recommendations of that meeting.
Fourteenth session
24. The Committee had before it the report of the fifth meeting of persons chairing the human rights treaty bodies, 3/ General Assembly resolution 49/178 of 23 December 1994 and Commission on Human Rights resolution 1995/92 of 8 March 1995.
25. The Committee took note of the above-mentioned report and resolutions.
III. SUBMISSION OF REPORTS BY STATES PARTIES
UNDER ARTICLE 19 OF THE CONVENTION
Action taken by the Committee to ensure the submission of reports
Thirteenth session
26. The Committee, at its 190th and 206th meetings, held on 7 and 17 November 1994, 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 1994 (CAT/C/5, 7, 9, 12, 16/Rev.1, 21/Rev.1 and 24);
(b) Notes by the Secretary-General concerning second periodic reports which were due from 1992 to 1994 (CAT/C/17, 20/Rev.1 and 25).
27. The Committee was informed that, in addition to the eight reports that were scheduled for consideration by the Committee at its thirteenth session (see chap. IV, para. 44), the Secretary-General had received the second periodic report of Italy (CAT/C/25/Add.4), the second periodic report of the Netherlands (CAT/C/25/Add.1 and 2) and additional information from Greece, whose second periodic report had been considered by the Committee at its twelfth session. 4/
28. The Committee was also informed that the revised version of the initial report of Belize, requested for 10 March 1994 by the Committee at its eleventh session, had not yet been received in spite of a reminder sent by the Secretary-General in June 1994.
29. 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.
30. Furthermore, the Committee was informed that, before its thirteenth session, the Secretary-General had sent a tenth reminder to Togo and a ninth reminder to Uganda, whose initial reports were due in 1988; a seventh reminder to Guyana, whose initial report was due in 1989; a fifth reminder to Brazil and a sixth reminder to Guinea, whose initial reports were due in 1990; a fourth reminder to Malta and Somalia, whose initial reports were due in 1991; second reminders to Jordan, Venezuela, Yemen and Yugoslavia, whose initial reports were due in 1992; and first reminders to Benin, Bosnia and Herzegovina, Cape Verde, Latvia and Seychelles, whose initial reports were due in 1993.
31. With regard to States parties whose initial reports were more than four or five years overdue, namely Brazil, Guinea, Guyana, Togo and Uganda, the Committee deplored the fact that, in spite of several reminders sent by the Secretary-General and letters or other messages 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. The Committee also decided to request Brazil and Guinea to submit both the initial and the second periodic reports in one document. It had already requested Guyana, Togo and Uganda to do so, at previous sessions.
32. The Committee noted with satisfaction that following a request for technical assistance in preparing reports made by the Government of Uganda in February 1994 and the recommendations made by the Committee at its twelfth session in that regard, a government official from Uganda had participated in an international course specifically aimed at training government officials in the reporting obligation system, which was 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.
33. In addition, the Committee noted with satisfaction that, in response to a request for technical assistance in preparing reports made by the Government of Croatia in March 1994 and the Committee's recommendations on the subject, a government official from Croatia had also participated in the training course at Turin.
34. 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 Malta, whose report was more than three years overdue, the difficulties that prevented that State party from complying with its reporting obligations under the Convention.
35. With regard to second periodic reports, the Committee was informed that, before its thirteenth session, the Secretary-General had sent third 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; and a second reminder to Colombia and a first reminder to Turkey, whose second periodic reports were due in 1993.
Fourteenth session
36. At its 210th meeting, held on 25 April 1995, the Committee again considered the status of submission of reports under article 19 of the Convention. In addition to the documents listed in paragraph 26 above, the Committee had before it two notes by the Secretary-General: one concerning initial reports to be submitted by States parties in 1995 (CAT/C/28); the other on second periodic reports to be submitted by States parties in 1995 (CAT/C/29).
37. The Committee was informed that, in addition to the five reports that were scheduled for consideration by the Committee at its fourteenth session (see chap. IV, para. 46), the Secretary-General had received the initial report of Armenia (CAT/C/24/Add.4 and the second periodic reports of Denmark (CAT/C/17/Add.13), Senegal (CAT/C/17/Add.14) and the United Kingdom of Great Britain and Northern Ireland (CAT/C/25/Add.6). He had also received additional information requested by the Committee from Germany (ninth session) Morocco and Peru (thirteenth session) and Switzerland (twelfth session) during the consideration of their respective reports. The revised version of the initial report of Belize, requested for 10 March 1994 by the Committee at its eleventh session (see para. 28 above), had not yet been received.
38. The Committee was informed also about the reminders which had been sent by the Secretary-General before its fourteenth session. It noted that, in spite of 11 reminders sent to Togo, 11 reminders to Uganda, 8 reminders to Guyana, 7 reminders to Guinea and 6 reminders to Brazil, the initial reports of those States parties had not yet been received. The Committee once again strongly deplored the attitude of those State parties which persisted in not complying with the obligations they had freely assumed under the Convention.
39. The Committee also noted that the initial reports of Malta and Somalia, which were due in 1991, had not yet been received in spite of five reminders to each of those States parties.
40. Furthermore, the Committee was informed that second reminders had been sent by the Secretary-General to Croatia, Estonia, Venezuela, Yemen and Yugoslavia, whose initial reports were due in 1992, and to Benin, Bosnia and Herzegovina, Cape Verde, Latvia and Seychelles whose initial reports were due in 1993. A first reminder had been sent to Cambodia, whose initial report was also due in 1993.
41. With regard to second periodic reports, the Committee was informed that first reminders had been sent by the Secretary-General to China and Tunisia, whose reports were due in 1993.
42. 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 six months.
43. The status of submission of reports by States parties under article 19 of the Convention as at 5 May 1995, the closing date of the fourteenth 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
44. At its thirteenth and fourteenth sessions, the Committee considered initial reports submitted by eight States parties and second periodic reports submitted by four States parties under article 19, paragraph 1, of the Convention. At its thirteenth session, the Committee devoted 12 of the 18 meetings held to the consideration of reports (see CAT/C/SR.191-198 and Add.2, 201-204 and Add.2). The following reports, listed in the order in which they were received by the Secretary-General, were before the Committee at its thirteenth session:
Chile (second periodic report) CAT/C/20/Add.3
Peru (initial report) CAT/C/7/Add.16
Monaco (initial report) CAT/C/21/Add.1
Czech Republic (initial report) CAT/C/21/Add.2
Mauritius (initial report) CAT/C/24/Add.1
Libyan Arab Jamahiriya (second periodic report) CAT/C/25/Add.3
Morocco (initial report) CAT/C/24/Add.2
Liechtenstein (initial report) CAT/C/12/Add.4
45. The Committee agreed, at the request of the Government concerned, to postpone the consideration of the initial report of Mauritius. Subsequently, the Government of Mauritius submitted a new version of the report.
46. At its fourteenth session, the Committee devoted 8 of the 19 meetings held to the consideration of reports submitted by States parties (see CAT/C/SR.210-215, 218 and 219). The following reports, listed in the order in which they were received by the Secretary-General, were before the Committee at its fourteenth session:
Netherlands (second periodic report) CAT/C/25/Add.1 and 2
Italy (second periodic report) CAT/C/25/Add.4
Guatemala (initial report) CAT/C/12/Add.5
Jordan (initial report) CAT/C/16/Add.5
Mauritius (initial report) CAT/C/24/Add.1 and 3
47. The Committee agreed, at the request of the Government concerned, to postpone the consideration of the initial report of Guatemala to its fifteenth session, in November 1995.
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 at which 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, 5/ 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 thirteenth and fourteenth 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, 6/ 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 thirteenth and fourteenth sessions.
Chile
52. The Committee considered the second periodic report of Chile (CAT/C/20/Add.3) at its 191st and 192nd meetings, held on 8 November 1994 (CAT/C/SR.191 and SR.192 and Add.2), and adopted the following conclusions and recommendations.