| United Nations | A/50/44 |
General Assembly
Distr. GENERAL
[26 July 1995]
ORIGINAL:
ENGLISH
Report of the Committee against Torture
General Assembly Official Records of the Fiftieth Session Supplement No. 44 (A/50/44) NOTE
Symbols of United Nations documents are composed of capital letters
combined with figures. Mention of such a symbol indicates a reference to a
ISSN 1020-170X
--[Original: English]
CONTENTS
Paragraphs Page
I. ORGANIZATIONAL AND OTHER MATTERS .....................1 - 201
A. States parties to the Convention ................. 1 - 21
B. Opening and duration of the sessions ............. 3 - 41
C. Membership and attendance ........................ 5 - 81
D. Solemn declaration by a member of the Committee .. 92
E. Officers ......................................... 102
F. Agendas .......................................... 11 - 122
G. Working methods of the Committee relating to its
functions under article 22 of the Convention ..... 13 - 153
H. Staff resources .................................. 16 - 204
II. ACTION BY THE GENERAL ASSEMBLY AT ITS FORTY-NINTH
SESSION ..............................................21 - 255
A. Annual report submitted by the Committee against
Torture under article 24 of the Convention ....... 21 - 225
B. Effective implementation of international
instruments on human rights, including reporting
obligations under international instruments on
human rights ..................................... 23 - 255
III. SUBMISSION OF REPORTS BY STATES PARTIES UNDER
ARTICLE 19 OF THE CONVENTION .........................26 - 436
Action taken by the Committee to ensure the submission
of reports ...........................................26 - 436
IV. CONSIDERATION OF REPORTS SUBMITTED BY STATES PARTIES
UNDER ARTICLE 19 OF THE CONVENTION ...................44 - 1829
Chile ................................................52 - 6110
Peru .................................................62 - 7311
Monaco ...............................................74 - 7913
Liechtenstein ........................................80 - 8514
Czech Republic .......................................86 - 9414
CONTENTS (continued)
Paragraphs Page
Libyan Arab Jamahiriya ...............................95 - 10416
Morocco ..............................................105 - 11517
Netherlands ..........................................116 - 13118
Mauritius ............................................132 - 14520
Italy ................................................146 - 15821
Jordan ...............................................159 - 18223
V. ACTIVITIES OF THE COMMITTEE UNDER ARTICLE 20 OF THE
CONVENTION ...........................................183 - 18826
VI. CONSIDERATION OF COMMUNICATIONS UNDER ARTICLE 22 OF
THE CONVENTION .......................................189 - 20127
VII. AMENDMENTS TO THE RULES OF PROCEDURE OF THE COMMITTEE 202 - 20329
VIII. FUTURE MEETINGS OF THE COMMITTEE .....................204 - 20930
IX. ADOPTION OF THE ANNUAL REPORT OF THE COMMITTEE ON ITS
ACTIVITIES ...........................................210 - 21231
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
SecretaryGeneral 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 SFrensen
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
SecretaryGeneral 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 abovementioned 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.
A. Introduction
53. The Committee thanks the Government of Chile for the timely submission
of its second periodic report and for the frank and constructive
clarifications provided by the Chilean delegation in its oral report.
54. In general, the report is in conformity with the guidelines laid down
by the Committee for presenting reports.
B. Positive aspects
55. The Committee takes due note of the political will of the Government
of Chile to guarantee respect for human rights in the context of the
transition from a dictatorship to a democratic regime.
56. The Committee notes with satisfaction that the Government is promoting
a series of important changes, both in procedure and in the basic
legislation, which will help to prevent the practice of torture.
57. It also regards as positive the implementation of programmes aimed at
fully compensating those who have suffered from violations of human rights.
C. Subjects of concern
58. The Committee notes with concern the existence of a considerable
number of complaints of torture and ill treatment at the hands of various
law enforcement services, especially the Carabineros and the Investigatory
Police, which have not met with an effective response, with the authors of
these acts being duly brought to trial.
59. The Committee also considers that some aspects of the legislation in
force, such as the rules of the criminal prosecution system and the
subjection of civilians to military jurisdiction, are not helpful as far as
the prevention of torture is concerned.
D. Recommendations
60. In a spirit of collaboration, the Committee suggests the adoption of
the following measures:
(a) An in-depth review of procedure, especially as regards police powers
of detention and the right of the detainee to free access to and
communication with family members and legal advisers and a physician whom
he trusts;
(b) The advisability of explicitly abolishing those rules, such as
automatic obedience, which are not compatible with the Convention;
(c) Making the security forces subordinate to the civil authorities
responsible for public safety and the abandonment of all vestiges of the
legislation enacted by the military dictatorship;
(d) The advisability of making special provision for the offence of
torture, as described in article 1 of the Convention, and making it
punishable by a penalty appropriate to its seriousness;
(e) The possibility of withdrawing the existing reservation to the
Convention and making declarations to the effect that the State party
recognizes the competence of the Committee in the circumstances described
in articles 21 and 22 of the Convention.
61. The Committee again expresses its appreciation to the Government of
Chile for its readiness to engage in dialogue and in the search for
solutions and is grateful for the supply of the legislation which has been
enacted and that which will be enacted in the future.
Peru
62. The Committee considered the initial report of Peru (CAT/C/7/Add.16),
which should have been submitted in 1989, at its 193rd and 194th meetings,
held on 9 November 1994 (CAT/C/SR.193 and 194 and Add.2), and adopted the
following conclusions and recommendations.
A. Introduction
63. The Committee appreciates the presence of a highly qualified
delegation, as well as the clarifications and explanations supplied in both
the written and oral reports.
B. Positive aspects
64. The Committee notes the intention expressed by the delegation to
submit all the reports required by international human rights organizations
and to respond to all their requests.
65. The Committee takes due note of the intensive campaign to make the
armed forces and the police more aware of the need to respect human rights.
66. The Committee is pleased to note the approval of various items of
legislation, such as that permitting procurators to visit places of
detention in areas where a state of emergency has been declared, that
providing for greater flexibility in the procedures relating to terrorism
and those which establish new bodies for protecting human rights.
C. Subjects of concern
67. One cause for serious concern is the large number of complaints from
both non-governmental organizations and international agencies or
commissions indicating that torture is being used extensively in connection
with the investigation of acts of terrorism and that those responsible are
going unpunished.
68. The Committee points out that the legislation intended to repress acts
of terrorism does not meet the requirements of international agreements
concerning a fair, just and impartial trial with minimum safeguards for the
rights of the accused (for example, "faceless" judges, serious limitations
on the right of defence, lack of opportunity to take proceedings before a
court, extension of the period of incommunicado detention, etc.).
69. The Committee is also concerned by the subjection of civilians to
military jurisdiction and by the fact that, in practice, the competence of
the military courts is being extended as regards cases of abuse of
authority.
D. Recommendations
70. The Committee is aware of the serious difficulties which Peru is
experiencing because of the terrorist attacks, which are to be condemned,
and hopes that it will succeed in overcoming them.
71. Despite the determination stated by the delegation of Peru, in the
Committee's opinion, the legislative and administrative measures adopted in
order to comply with the Convention have not been effective in preventing
acts of torture, as required by article 2, paragraph 1 of the Convention.
72. At the same time, the requirements of articles 12 and 13 of the
Convention concerning the need for a prompt and impartial investigation of
all complaints of torture are not being met.
73. Nevertheless, taking into consideration the intentions expressed by
the delegation and the fact that the Government has available to it the
means necessary to eradicate the scourge of torture, the Committee suggests
the adoption of, among others, the following measures:
(a) The procedure relating to terrorist offences should be reviewed for
the purpose of establishing a prosecution system which is effective but
which preserves the independence and impartiality of the courts and the
right of defence, with the elimination of so-called "faceless trials" and
the holding of detainees incommunicado;
(b) The military courts should be regulated to prevent them from trying
civilians and to restrict their jurisdiction to military offences, by
introducing the appropriate legal and constitutional changes;
(c) The Judicature Council and the Ombudsman should start operating as
soon as possible;
(d) The activities of the procurators' offices should be strengthened
and they should be provided with the means necessary to perform their
functions;
(e) The possibility of making the declarations provided for in the
Convention in the circumstances described in articles 21 and 22 should be
analysed;
(f) Consideration should be given to defining torture as an independent
offence punishable by a penalty appropriate to its seriousness;
(g) The efforts to educate medical and law-enforcement personnel, civil
and military, should be intensified, as should the programmes for the full
rehabilitation of victims.
Monaco
74. The Committee considered the initial report of Monaco (CAT/C/21/Add.1)
at its 195th and 196th meetings, held on 10 November 1994 (see CAT/C/195
and 196 and Add.2), and adopted the following conclusions and
recommendations.
A. Introduction
75. The Committee thanks the Government of Monaco for its report, even
though it is very brief and not in conformity with the Committee's
guidelines. It also listened with interest to the oral report and
clarifications presented by the Monegasque 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.
B. Positive aspects
76. The Committee appreciates the determination of Monaco 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.
77. The Committee noted 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. Recommendations
78. The Committee hopes that a definition of torture as envisaged in the
Convention will be incorporated in the legislation of Monaco.
79. The Committee also hopes that the next periodic report, to be
submitted by Monaco together with the core document relating to general
information on the State party, will be in conformity with the Committee's
guidelines regarding the submission of reports.
Liechtenstein
80. The Committee considered the initial report of Liechtenstein
(CAT/C/12/Add.4) at its 195th and 196th meetings, held on 10 November 1994
(see CAT/C/195 and 196 and Add.2), and adopted the following conclusions
and recommendations.
A. Introduction
81. The Committee thanks the Government of Liechtenstein for its
comprehensive report. It also listened with interest to the oral report
and extensive clarifications presented by the delegation of Liechtenstein.
The Committee wishes to thank the delegation for its replies and for the
spirit of openness and cooperation in which the dialogue was conducted.
B. Positive aspects
82. The Committee appreciates the determination of Liechtenstein to
guarantee respect for and the promotion of human rights through its
accession without reservations to a number of international and regional
instruments for the promotion of such rights.
83. The Committee notes with satisfaction that the policy of prevention of
torture and other cruel, inhuman or degrading treatment or punishment was
successful 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. Recommendations
84. The Committee hopes that the Liechtenstein authorities will continue
their successful efforts to prevent the instances of torture and other
cruel, inhuman or degrading treatment or punishment in the territory of the
State party.
85. The Committee, while awaiting answers to some of the questions which
were raised during the consideration of the report, hopes also that the
authorities of Liechtenstein will expeditiously finalize the drafting of
the law concerning the granting of asylum to ensure the prompt application
of article 3 of the Convention.
Czech Republic
86. The Committee considered the initial report of the Czech Republic
(CAT/C/21/Add.2) at its 197th and 198th meetings, held on 11 November 1994
(see CAT/C/SR.197 and 198 and Add.2), and adopted the following conclusions
and recommendations.
A. Introduction
87. The Czech Republic transmitted its report within five months of its
due date, which is quite timely. The Committee notes with satisfaction
that the Czech Republic has adopted most of the protections available under
the Convention and has developed its own institutions to give effect to its
obligations under the Convention.
88. The initial report was not accompanied by the core document providing
general information on the State party, as requested in the Committee's
guidelines, but apart from this, it met all the reporting requirements of
the Convention.
B. Positive aspects
89. The Committee is pleased to recognize that the Czech Republic has
adopted a definition of torture which is close to that in the Convention
and has taken the steps necessary to ensure that it is a crime in that
country.
90. The Committee also notes that in the Czech Republic all the necessary
democratic institutions and safeguards are in place to ensure the
implementation of the Convention.
91. The Committee also takes note of the expeditious and effective way in
which the Czech authorities have dealt with allegations of abuse by police
and prison officers, have set up a system of compensation and
rehabilitation and take their educational responsibilities seriously.
92. The Czech Republic is a good example of a democratic State that has
taken its commitments under the Convention seriously, and this is reflected
in its institutions and practices.
C. Subjects of concern
93. There are no serious matters currently of concern to the Committee
regarding implementation by the Czech Republic of the Convention.
D. Conclusions and recommendations
94. Even though the Czech Republic has not declared in favour of articles
21 and 22 and maintains its reservation on article 20 of the Convention,
the Czech delegation explained that this was due to the weight of business
in the legislative and executive fields and in no way reflects a lack of
political will to remedy the situation. The Committee is confident that
the Czech Republic will move to reform its situation in this regard and
looks forward to its second periodic report.
Libyan Arab Jamahiriya
95. The Committee considered the second periodic report of the Libyan Arab
Jamahiriya (CAT/C/25/Add.3) at its 201st and 202nd meetings, held on 15
November 1994 (see CAT/C/SR.201 and 202 and Add.2), and adopted the
following conclusions and recommendations.
A. Introduction
96. The Libyan Arab Jamahiriya submitted its report in a timely manner.
The contents of the report were enhanced by a valuable introduction by the
Libyan delegation.
B. Positive aspects
97. The Committee notes with satisfaction that the Libyan Arab Jamahiriya
has met its reporting requirements under the Convention.
98. The Committee also notes with satisfaction that the terms of the
Convention have been generally incorporated in the domestic law of the
Libyan Arab Jamahiriya and, in particular, that the State party has defined
a separate crime of torture.
C. Matters of concern
99. The Committee is concerned that in the Libyan Arab Jamahiriya
incommunicado detention continues to create conditions which may lead to
violations of the Convention.
100. The Committee is also concerned that allegations of torture in the
State party continue to be received from reliable non-governmental
organizations which have provided well-founded information in connection
with other monitoring activities of the Committee.
D. Recommendations
101. The Committee recommends that the Libyan authorities guarantee the
free access of a person deprived of his liberty to a lawyer, to a doctor of
his choice and to his relatives at all stages of detention.
102. The Libyan Government should continue to fight against torture by:
(i) sending clear messages and instructions to that effect to its police
and providing educational programmes to them; (ii) ensuring that those who
commit the offence of torture are prosecuted in accordance with the law.
103. The Committee encourages the Libyan Government to consider making the
declarations provided for under articles 21 and 22 of the Convention.
104. Finally, the Committee looks forward to the next report and invites
the Government of the Libyan Arab Jamahiriya to submit to it replies in
writing to those questions which have remained unanswered.
Morocco
105. The Committee considered the initial report of Morocco
(CAT/C/24/Add.2) at its 203rd and 204th meetings, held on 16 November 1994
(CAT/C/SR.203 and 204 and Add.2), and adopted the following conclusions and
recommendations.
A. Introduction
106. The Committee thanks the State party for its report, which was
submitted on time and in conformity with the Committee's guidelines. It
also thanks the State party for its sincere cooperation in the constructive
dialogue conducted with the Committee. It takes note of the information
submitted in both the written and oral reports.
B. Positive aspects
107. The Committee expresses its appreciation of the efforts made by the
State party in connection with the revision of the Constitution and the
laws and regulations with a view to ensuring that the country's legal
system conforms to the provisions of the Convention. These efforts appear
to express a real determination to establish the necessary conditions for
the promotion and protection of human rights and to prevent the practice of
torture and other cruel, inhuman or degrading treatment.
108. It welcomes the establishment of a ministry responsible for human
rights.
C. Subjects of concern
109. The Committee is nevertheless concerned about the allegations
received from various non-governmental organizations concerning torture and
ill treatment, said to be practised in various places of detention, in
particular in police stations. The Committee is also concerned about
certain shortcomings relating to the effectiveness of the preventive
measures taken to combat torture, in particular the half-heartedness
displayed in pursuing inquiries and bringing the authors of acts of torture
before the courts, whose independence must be preserved. This situation
creates the impression that such offences can be committed with relative
impunity, an impunity prejudicial to the application of the provisions of
the Convention. The fact that the Convention has not yet been published in
the Official Journal is also a cause of concern.
D. Recommendations
110. The Committee recommends that the State party provide for all forms
of torture in its penal legislation so that all the elements of the
definition of that offence contained in article 1 of the Convention are
fully covered.
111. The Committee also recommends that, for the greater protection of
persons arrested, the State party establish procedures for the systematic
and effective monitoring of interrogation methods and practices, especially
on all police premises, to give effect to the commitments undertaken in
accordance with article 11 of the Convention.
112. The Committee further recommends that the State party continue its
efforts with a view to further reforming the penal legislation,
particularly as regards prison administration and the duration of police
detention in cases involving breaches of internal or external State
security. The State party should instigate and press forward with serious
inquiries into the actions of police officials for the purpose of
establishing whether or not acts of torture have been committed and, if the
results of these investigations are positive, bring the authors before the
courts. At the same time, it should draw up and pass on to the police
clear and precise instructions prohibiting all acts of torture or ill
treatment.
113. The State party should intensify the education, information and
training programmes called for by article 10 of the Convention, for all the
officials concerned.
114. The Committee recommends that the State party take all the necessary
measures to ensure the effective application of article 14 of the
Convention, so that victims of torture may be fully compensated and
rehabilitated. Finally, the Committee recommends that the State party have
the Convention published forthwith in the Official Journal.
115. The Committee, which appreciates Morocco's ratification of most of
the human rights covenants and conventions, hopes that the Moroccan
Government will withdraw the reservations entered with regard to article 20
and make the declarations provided for in articles 21 and 22 of the
Convention. The Committee also hopes to obtain written replies to all the
questions raised, in particular those concerning the persons reported by
various non-governmental organizations as having disappeared or as having
been detained.
Netherlands
116. The Committee considered the second periodic report of the
Netherlands (CAT/C/25/Add.1, 2 and 5) at its 210th and 211th meetings, held
on 25 April 1995 (CAT/C/SR.210 and 211), and adopted the following
conclusions and recommendations.
A. Introduction
117. The Kingdom of the Netherlands submitted its three reports (European
part of the Kingdom, Antilles and Aruba) partly on time.
118. The Committee thanks the three respective Governments for their
comprehensive reports. The reports were not accompanied by the core
document providing general information on the State party, as required in
the Committee's guidelines (CAT/C/14), but apart from this, they met all
the reporting requirements of the Convention.
119. The Committee listened with interest to the oral reports and
clarifications of the representatives of the three parts of the Kingdom.
120. The Committee wishes to thank the delegation for its reports and for
the spirit of openness and cooperation in which the dialogue was conducted.
B. Positive aspects
121. The Committee notes with satisfaction that it has received no
information about alleged perpetration of torture in any of the three parts
of the Kingdom.
122. The Committee also notes that both Antilles and Aruba are preparing
special laws to incorporate fully the provisions of the Convention in
domestic law.
123. The Committee also notes with satisfaction that, according to the
oral information given, force - physical or pharmacological - is no longer
used in connection with the expulsion of asylum seekers.
C. Subjects of concern
124. With regard to the European part of the Kingdom of the Netherlands,
the Committee has questions about the way in which compensation provisions
apply in practice.
125. With regard to the Netherlands Antilles and Aruba, the Committee is
concerned that the new penal legislation appears not to be in force yet and
thus it is not clear whether the provisions of the Convention are part of
the domestic law.
126. With regard, in particular, to the Netherlands Antilles, the
Committee is concerned about the severeness and the relatively high number
of cases of police brutality which are described in the Government's
report, as well as by information provided to the Committee by non-
governmental organizations. The Committee is particularly concerned about
the apparent failure of the Netherlands Antilles authorities to investigate
fully and deal with such cases.
127. With regard, in particular, to Aruba, the Committee recognizes that
conditions in detention places are far from being satisfactory and notes
that the Government has acknowledged that it is aware of this situation.
D. Recommendations
128. The Netherlands Antilles and Aruba should give high priority to
speeding up the procedure for the adoption of the act which will
incorporate the provisions of the Convention in domestic law.
129. The Netherlands Antilles should take strong measures to bring to an
end the ill treatment which reportedly occurs in police stations and to
ensure that such allegations are speedily and properly investigated and
that those who may be found guilty of acts of ill treatment are prosecuted.
In this regard, the Committee would appreciate receiving data concerning
the number of investigations by the public prosecutor and the outcome of
them.
130. Aruba should take steps to change the situation with regard to
conditions in police and prison premises and especially to shorten the
period of 10 days in police custody which is allowed under the law.
131. Finally, the Committee is pleased that the Netherlands has agreed to
provide in writing additional information in response to the questions on
the compensation for victims of torture which were raised by the Committee.
The Committee would also appreciate receiving additional information on
whether or not the public prosecutor initiated an investigation to
prosecute General Pinochet when he was on the territory of the Netherlands
and therefore under its jurisdiction. If the answer is yes, the Committee
would like to know on what grounds the investigation was initiated.
Mauritius
132. The Committee considered the initial report of Mauritius
(CAT/C/24/Add.1 and 3) at its 212th and 213th meetings, held on 26 April
1995 (CAT/C/SR.212 and 213), and adopted the following conclusions and
recommendations.
A. Introduction
133. The Committee thanks the Government of Mauritius for its report,
submitted within an appropriate period and prepared in accordance with the
Committee's guidelines.
134. In addition, it followed with interest the oral presentation and the
clarifications provided. It also wishes to thank the delegation for its
replies and the open spirit of cooperation in which the dialogue was
conducted.
B. Positive aspects
135. The Committee welcomes the efforts by the State party in regard to
reviewing the Constitution, laws and regulations to ensure that the
country's judicial system is in conformity with the provisions of the
Convention.
136. These efforts seem to reflect a genuine will to create the requisite
conditions for the promotion and protection of human rights and also to
prevent the practice of torture and cruel, inhuman or degrading treatment.
137. It welcomes the existence of an ombudsman and the possibility of
using the habeas corpus procedure.
C. Subjects of concern
138. The Committee is none the less concerned at allegations received from
some non-governmental organizations about acts of torture and ill treatment
which are said to be practised on police premises.
139. The Committee is also concerned about certain inadequacies in the
adoption of suitable measures for the purpose of officially combating
torture, particularly the timidity shown in conducting inquiries and
promptly bringing the perpetrators of such acts before the courts.
140. This situation gives the impression of comparative impunity for the
perpetrators of these offences, impunity that is detrimental to proper
implementation of the provisions of the Convention.
D. Recommendations
141. The Committee recommends that the State party should make efforts to
incorporate the provisions of the Convention in domestic law for the
purposes of adopting and applying domestic enforcement measures.
142. The Committee also recommends that the State party, with a view to
ensuring broader protection of persons under arrest, should effectively set
up machinery for systematic monitoring of all police premises, to give
effect to the commitments undertaken pursuant to article 11 of the
Convention.
143. The Committee also recommends that the State party should pursue its
efforts to undertake further legislative reforms, more particularly in
regard to prison administration, periods of police custody and the right to
be attended by a doctor or to be visited by a family member.
144. The Committee recommends that the State party should undertake and
press on with inquiries into all actions by police officers, inquiries
capable of determining whether acts of torture have taken place and, when
the findings of the investigations prove positive, bring the perpetrators
before the courts on the one hand, and order and transmit to the police
precise and clear instructions to prevent any act of torture, on the other.
It recommends that the State party should step up information training
programmes for all personnel referred to in article 10 of the Convention.
145. Lastly, the Committee recommends that the State party should take all
the requisite measures to ensure effective implementation of article 14 of
the Convention for the purpose of full compensation and rehabilitation of
the victims of torture or their dependants.
Italy
146. The Committee considered the second periodic report of Italy
(CAT/C/25/Add.4) at its 214th and 215th meetings, held on 27 April 1995
(CAT/C/SR.214 and 215), and adopted the following conclusions and
recommendations.
A. Introduction
147. The Committee appreciates the submission of the periodic report of
Italy and expresses its thanks for a good oral presentation. It notes,
however, that the report does not properly comply with the Committee's
guidelines for this kind of report (CAT/C/14), especially in regard to
providing data and replies requested previously. In addition, the general
report was not accompanied by basic data on the State party, as required by
the guidelines. The Committee was none the less able to engage in a
constructive dialogue with the delegation that met many of its concerns.
B. Positive aspects
148. The Committee welcomes Italy's firm commitment to the protection of
human rights, as reflected in the signing of many agreements, both regional
and universal.
149. It also notes that a very constructive step has been taken in
authorizing the publication of the report prepared by the European
Committee for the Prevention of Torture further to a visit to Italy.
150. The significant increase in Italy's contribution to the United
Nations Voluntary Fund for Victims of Torture is very gratifying.
151. Also encouraging are the provisions of Law No. 296, pertaining to
work by prisoners, the new alternative measures to imprisonment, such as
house arrest, and the rules of Law No. 492, relating to the transfer of
prisoners.
152. Lastly, the State party is to be congratulated on fully abolishing
the death penalty.
C. Factors and difficulties impeding implementation
153. Like the Human Rights Committee, this Committee notes something of a
tendency to discriminatory treatment by sectors of the police force and
prison warders with regard to foreigners, entailing violation of their
rights. Furthermore, the existence of a large number of public officials
involved in acts of corruption is not a positive contribution.
D. Subjects of concern
154. The Committee notes with concern the persistence of cases of ill
treatment in prisons by police officers. It even notes a dangerous trend
towards some racism, since the victims are either from foreign countries or
belong to minorities.
155. Non-governmental organizations of proven reliability have informed
the Committee of a series of serious acts of torture, and in some cases
deaths, of detainees. The penalties on the members of the forces of law
and order are not commensurate with the seriousness of these acts.
156. Similarly, a matter of some concern is the number of unconvicted
prisoners, the overcrowding in prisons and the suspension, even temporary,
of humanitarian rules on the treatment of prisoners.
E. Recommendations
157. The Committee suggests that the State party should:
(a) Continue to examine the possibility of including in its criminal law
the concept of torture set out in the Convention;
(b) Better guarantee the right of a victim of torture to be compensated
by the State and to provide some programme of rehabilitation for him;
(c) Monitor effective compliance with safeguards during preliminary
custody, especially access to a doctor and legal counsel;
(d) Make sure that complaints of ill treatment and torture are promptly
and effectively investigated and, where appropriate, impose an appropriate
and effective penalty on the persons responsible;
(e) Establish more training programmes for law-enforcement and medical
personnel.
158. The Committee also asks to be sent the legal texts that were
requested, together with the remaining information asked for by members of
the Committee (results of ongoing trials, statistics, judicial
organization, etc.) and hopes that the next periodic report will discuss
all the measures adopted.
Jordan
A. Introduction
159. The Committee considered the initial report of Jordan
(CAT/C/16/Add.5) at its 218th and 219th meetings, held on 1 May 1995
(CAT/C/SR.218 and 219), and has adopted the following conclusions and
recommendations.
160. The Committee thanks the Government of Jordan for its report, which
was due in 1992, for the core document (HRI/CORE/1/Add.18/Rev.1) providing
general information on the State party and for the comprehensive
explanations presented by the delegation.
161. It notes that the report is not in full conformity with the
guidelines established by the Committee (CAT/C/4/Rev.2). It also notes
that the report does not contain sufficient information on the effective
implementation of the provisions of the Convention.
162. However, the presence of a high-level delegation which provided
additional information enabled the Committee to obtain a better
understanding of the situation in Jordan with regard to the application of
the Convention on its territory.
B. Positive aspects
163. The Committee welcomes the positive steps undertaken by the
Government of Jordan towards the application of the Convention, especially
the lifting of the state of emergency and the abolition of martial law in
April 1992, the release of political prisoners and the institution of the
right to appeal fully against awards and decisions of the State Security
Court in questions of both fact and law.
164. The Committee notes also with satisfaction the new Political Parties
Act of October 1992, the new law on press and publications, the
ratification by Jordan of the Convention on the Rights of the Child, the
creation of a national commission for human rights and the establishment in
Jordan of sections of the Arab Organization for Human Rights and Amnesty
International, which illustrate the positive steps and trend towards the
promotion of human rights in general and towards the implementation of the
Convention against Torture, in particular.
C. Subjects of concern
165. The Committee notes that the Jordanian Constitution does not contain
specific provisions as to the relationship between international
conventions and domestic laws. Accordingly, there is a need to incorporate
the Convention in the legal system of Jordan to ensure its correct and
prompt application.
166. The Committee is concerned that the definition of the act of
torture as specified by article 1 of the Convention is not incorporated in
Jordanian legislation. Current Jordanian criminal law does not cover all
cases of torture and ill treatment, as provided for in the Convention.
167. The Committee is deeply concerned that a number of allegations of
torture have been made since Jordan acceded to the Convention. Such
allegations appear to be rarely subjected to independent and partial
investigations. The Committee is further concerned that during 1993 and
1994 political detainees were sentenced to death or imprisonment in trials
before the State Security Court on the basis of confessions allegedly
extracted after torture.
168. The Committee regrets that the headquarters of the General
Intelligence Department has been recognized as an official prison, that the
armed forces officers are granted the capacity of public prosecutors, that
they have the capacity of detaining suspects incommunicado, whether
military persons or civilians, until the end of their interrogation for
periods of up to six months, and that detainees are deprived of access to
judges, lawyers or doctors.
169. The Committee expresses concern about the continuing application of
the death penalty, as well as corporal punishment, which could constitute
in itself a violation in terms of the Convention.
170. The Committee is also concerned that there are allegations that
individuals have been expelled from Jordan to countries where there are
substantial grounds for believing that they would be in danger of being
subjected to torture in contravention of article 3 of the Convention.
171. The Committee notes that there does not seem to be in the State party
any comprehensive programme of education for members of the police and
security forces, dealing with Jordan's obligations under the Convention.
Similarly, no specific educational programmes for medical personnel appears
to be in place. These programmes would be useful, in particular given the
fact that so many refugees from other countries are located in Jordan.
D. Recommendations
172. The Committee recommends that the State party review its position
concerning articles 21 and 22 of the Convention.
173. The Committee expects the State party to undertake the necessary
legal measures to ensure the incorporation of the Convention in national
legislation and to ensure its prompt and effective application.
174. The Committee urges the State party to consider making torture a
specific criminal offence. In addition, it suggests that the State party
further strengthen measures to protect the rights of detainees, especially
their access to judges, lawyers and doctors of their choice. It also
recommends that the State party promptly investigate allegations of torture
and ill treatment and ensure that appropriate penalties are applied
whenever such offences are committed; prevent the commission of such acts
through efforts to ensure the stricter observance of regulations relating
to the treatment of detainees and offenders; and reduce the length of
preventive detention, taking into account its principle of presumption of
innocence and the complexity of investigation.
175. The Committee expects the Jordanian authorities to consider
abolishing exceptional courts such as the State security courts and allow
the ordinary judiciary to recover full criminal jurisdiction in the
country.
176. The Committee expects that the detention and interrogation functions
will be separated and that the supervision of any detention centre will be
effectively carried out by officials rather than those who are in charge of
the detention centres.
177. The Committee expects Jordan to review its policy relating to
corporal punishment.
178. The authorities should follow procedures which would effectively
ensure that no one is expelled to a country where there are substantial
grounds for believing that he would be in danger of being subjected to
torture.
179. The Committee expects also that educational programmes will be
started as a matter of urgency for law enforcement and medical personnel,
focusing on the obligations laid down in the Convention and on how evidence
of torture may be recognized. In the case of medical personnel, such
educational programmes should include methods for the rehabilitation of
victims of torture.
180. The Committee stresses that further measures should be taken to
ensure that the provisions of the Convention are made more widely known to
the public.
181. The Committee recommends that the Jordanian authorities ensure that
the report submitted by the State party and the comments of the Committee
are disseminated as widely as possible in order to encourage the
involvement of all sectors of society concerned in the implementation of
human rights.
182. The Committee would appreciate receiving in the next report
information on these matters, as well as replies to the questions raised by
the Committee which have remained unanswered.
V. ACTIVITIES OF THE COMMITTEE UNDER ARTICLE 20 OF THE CONVENTION
183. In accordance with article 20, paragraph 1, of the Convention, if the
Committee receives reliable information which appears to it to contain
wellfounded indications that torture is being systematically practised in
the territory of a State party, the Committee shall invite that State party
to cooperate in the examination of the information and, to this end, to
submit observations with regard to the information concerned.
184. In accordance with rule 69 of the Committee's rules of procedure, the
Secretary-General shall bring to the attention of the Committee information
which is, or appears to be, submitted for the Committee's consideration
under article 20, paragraph 1, of the Convention.
185. No information shall be received by the Committee if it concerns a
State party which, in accordance with article 28, paragraph 1, of the
Convention, declared at the time of ratification of or accession to the
Convention that it did not recognize the competence of the Committee
provided for in article 20, unless that State party has subsequently
withdrawn its reservation in accordance with article 28, paragraph 2, of
the Convention.
186. The Committee's work under article 20 of the Convention commenced at
its fourth session and has continued at its subsequent sessions. During
those sessions the Committee devoted the following number of closed
meetings to its activities under that article:
Sessions Number of closed meetings
Fourth 4
Fifth 4
Sixth 3
Seventh 2
Eighth 3
Ninth 3
Tenth 8
Eleventh 4
Twelfth 4
Thirteenth 3
Fourteenth 4
187. In accordance with the provisions of article 20 and rules 72 and 73
of the rules of procedure, all documents and proceedings of the Committee
relating to its functions under article 20 of the Convention are
confidential and all the meetings concerning its proceedings under that
article are closed.
188. However, in accordance with article 20, paragraph 5 of the
Convention, the Committee, at its 172nd meeting, on 19 November 1993,
publicly announced that, after consultations with the State party concerned
in April 1993, it had decided, on 9 November 1993, to include a summary
account of the results of the proceedings relating to its inquiry on Turkey
in its annual report to the States parties and to the General Assembly. 7/
VI. CONSIDERATION OF COMMUNICATIONS UNDER
ARTICLE 22 OF THE CONVENTION
189. Under article 22 of the Convention against Torture and Other Cruel,
Inhuman or Degrading Treatment or Punishment, individuals who claim that
any of their rights enumerated in the Convention have been violated by a
State party and who have exhausted all available domestic remedies may
submit communications to the Committee against Torture for consideration.
Thirty-six out of 88 States that have acceded to or ratified the Convention
have declared that they recognize the competence of the Committee to
receive and consider communications under article 22 of the Convention.
Those States are: Algeria, Argentina, Australia, Austria, Bulgaria,
Canada, Croatia, Cyprus, Denmark, Ecuador, Finland, France, Greece,
Hungary, Italy, Liechtenstein, Luxembourg, Malta, Monaco, Netherlands, New
Zealand, Norway, Poland, Portugal, Russian Federation, Slovakia, Slovenia,
Spain, Sweden, Switzerland, Togo, Tunisia, Turkey, Uruguay, Venezuela and
Federal Republic of Yugoslavia (Serbia and Montenegro). No communication
may be considered by the Committee if it concerns a State party to the
Convention that has not recognized the competence of the Committee to do
so.
190. Consideration of communications under article 22 of the Convention
takes place in closed meetings (art. 22, para. 6). All documents
pertaining to the work of the Committee under article 22 (submissions from
the parties and other working documents of the Committee) are confidential.
191. In carrying out its work under article 22 of the Convention, the
Committee may be assisted by a working group of not more than five of its
members, which submits recommendations to the Committee regarding the
fulfilment of the conditions of admissibility of communications or assists
it in any manner which the Committee may decide (rule 106 of the rules of
procedure of the Committee). At its thirteenth session, the Committee
decided to amend the rules of procedure, in order to make it possible to
designate special rapporteurs from among its members to assist in the
handling of communications. This allows the Committee to expedite the
processing of communications by taking procedural decisions (under rule
108) during intersessional periods.
192. A communication may not be declared admissible unless the State party
has received the text of the communication and has been given an
opportunity to furnish information or observations concerning the question
of admissibility, including information relating to the exhaustion of
domestic remedies (rule 108, para. 3). Within six months after the
transmittal to the State party of a decision of the Committee declaring a
communication admissible, the State party shall submit to the Committee
written explanations or statements clarifying the matter under
consideration and the remedy, if any, which has been taken by it (rule 110,
para. 2). In cases that require expeditious consideration, the Committee
has decided to invite the States parties concerned, if they have no
objections to the admissibility of the communications, immediately to
furnish their observations on the merits of the case.
193. The Committee concludes examination of an admissible communication by
formulating its Views thereon in the light of all information made
available to it by the complainant and the State party. The Views of the
Committee are communicated to the parties (art. 22, para. 7, of the
Convention and rule 111 of the rules of procedure of the Committee, para.
3) and are made available to the general public. Generally, the text of
the Committee's decisions declaring communications inadmissible under
article 22 of the Convention are also made public without disclosing the
identity of the author of the communication, but identifying the State
party concerned.
194. Pursuant to rule 112 of its rules of procedure, the Committee shall
include in its annual report a summary of the communications examined. The
Committee may also include in its annual report the text of its Views under
article 22, paragraph 7, of the Convention and the text of any decision
declaring a communication inadmissible.
195. During the time covered by the present report (thirteenth and
fourteenth sessions) the Committee had 19 communications before it for
consideration (Nos. 6/1990, 10/1993, 11/1993, 12/1993, 13/1993, 14/1994,
15/1994, 16/1994, 17/1994, 18/1994, 19/1994, 20/1994, 21/1995, 22/1995,
23/1995, 24/1995, 25/1995, 26/1995 and 27/1995).
196. At its thirteenth session, the Committee adopted its Views with
regard to communication No. 15/1994 (Khan v. Canada). The Committee found
that, in the specific circumstances of the author's case, the expulsion of
the author to Pakistan would violate Canada's obligation under article 3 of
the Convention not to expel or return a person to another State where there
are substantial grounds for believing that he would be in danger of being
subjected to torture. The text of the Views is reproduced in annex V to
the present report.
197. Also at its thirteenth session, the Committee declared inadmissible
communication No. 10/1993 (A.E. & C.B. v. Spain), for failure to exhaust
domestic remedies, since the allegations of torture were under judicial
investigation. The Committee further declared inadmissible communications
Nos. 17/1994 (X v. Switzerland) and 18/1994 (Y v. Switzerland) because they
lacked the minimum substantiation that would render them compatible with
article 22 of the Convention. The text of these decisions is reproduced in
annex V to the present report.
198. The Committee decided to suspend the consideration of communications
Nos. 11/1993 and 12/1993, awaiting the outcome of a reconsideration by the
State party concerned of the authors' requests to be allowed to remain in
its territory, as they claim to be in danger of being subjected to torture
in case of forced return to their country of origin.
199. At its fourteenth session, the Committee adopted its Views with
regard to communication No. 6/1990 (Parot v. Spain). On the basis of the
information provided by the parties, the Committee found that Parot's
complaint that he had been tortured upon arrest had in fact been examined
and rejected by the judicial authorities during the criminal trial against
him. Consequently, the Committee concluded that no violation of the
Convention had been shown. The text of the Views is reproduced in annex V
to the present report.
200. Also at its fourteenth session, the Committee declared inadmissible
communications Nos. 22/1995 (M.A. v. Canada) and 24/1995 (A.E. v.
Switzerland), for failure to exhaust domestic remedies. Both cases
concerned article 3 of the Convention. The Committee also declared
inadmissible communication 14/1994 (B.M'B. v. Tunisia), as it found that
the author had not sufficiently justified his acting on the victim's
behalf. The text of the decisions is reproduced in annex V to the present
report.
201. The Committee decided to suspend the consideration of communication
No. 19/1994, awaiting the outcome of a review procedure pending before the
relevant domestic authorities.
VII. AMENDMENTS TO THE RULES OF PROCEDURE OF THE COMMITTEE
Thirteenth session
202. At a private meeting, held on 17 November 1994, the Committee adopted
amendments to rules 106 and 108 of its rules of procedure (see
CAT/C/3/Rev.1), which concerned the designation of special rapporteurs from
among its members to assist it in the handling of communications received
under article 22 of the Convention. The text of the amended rules appears
in annex VI to the present report.
Fourteenth session
203. The Committee held a preliminary discussion on further amendments to
its rules of procedure at a private meeting on 28 April 1995. It decided
to resume consideration of this item at its fifteenth session, in November
1995.
VIII. FUTURE MEETINGS OF THE COMMITTEE
204. In accordance with rule 2 of its rules of procedure, the Committee
shall normally hold two regular sessions each year. Regular sessions of
the Committee shall be convened at dates decided by the Committee in
consultation with the Secretary-General, taking into account the calendar
of conferences as approved by the General Assembly.
205. As the calendar of meetings held within the framework of the United
Nations is submitted by the Secretary-General on a biennial basis for the
approval of the Committee on Conferences and the General Assembly, the
Committee took decisions on the schedule of its meetings to be held in 1996
and 1997.
206. At its 225th meeting, on 4 May 1995, the Committee decided to hold
its regular sessions for the next biennium at the United Nations Office at
Geneva on the following dates:
Sixteenth session 29 April to 10 May 1996
Seventeenth session 11 to 22 November 1996
Eighteenth session 28 April to 9 May 1997
Nineteenth session 10 to 21 November 1997
207. In addition, the Committee recalled that, in accordance with rule 1
of its rules of procedure, it should hold meetings as might be required for
the satisfactory performance of its functions.
208. The Committee expressed concern at the lack of time available during
its two annual regular meetings to cope with the great complexity of its
work and the 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 communications procedure.
209. The Committee therefore decided to request the General Assembly to
authorize the Secretary-General to schedule an additional regular session
of one week's duration each year, beginning in 1996.
IX. ADOPTION OF THE ANNUAL REPORT OF THE COMMITTEE ON ITS ACTIVITIES
210. In accordance with article 24 of the Convention, the Committee shall
submit an annual report on its activities to the States parties and to the
General Assembly.
211. Since the Committee holds its second regular session of each calendar
year in late November, which coincides with the regular sessions of the
General Assembly, the Committee decided to adopt its annual report at the
end of its spring session for appropriate transmission to the General
Assembly during the same calendar year.
212. Accordingly, at its 225th and 226th meetings held on 4 and 5 May
1995, the Committee considered the draft report on its activities at the
thirteenth and fourteenth sessions (CAT/C/XIV/CRP.1 and Add.1-10). The
report, as amended in the course of the discussion, was adopted by the
Committee unanimously. An account of the activities of the Committee at
its fifteenth session (13-24 November 1995) will be included in the annual
report of the Committee for 1996.
Notes
1/ A/CONF.157/TBB/4, paras. 8 and 9.
2/ See A/49/537, annex, para. 45.
3/ A/49/537, annex.
4/ See Official Records of the General Assembly, Forty-ninth Session,
Supplement No. 44 (A/49/44), paras. 148-158.
5/ Ibid., Forty-fifth Session, Supplement No. 44 (A/45/44), paras. 14-
16.
6/ Ibid., Forty-ninth Session, Supplement No. 44 (A/49/44), paras. 12
and 13.
7/ Ibid., Forty-eighth Session, Supplement No. 44A (A/48/44/Add.1).
ANNEX 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
Date of receipt
of the instrument
of ratification
State Date of signature or accession
Afghanistan 4 February 1985 1 April 1987
Albania 11 May 1994 b/
Algeria a/ 26 November 1985 12 September 1989
Antigua and Barbuda 19 July 1993 b/
Argentina a/ 4 February 1985 24 September 1986
Armenia 13 September 1993 b/
Australia a/ 10 December 1985 8 August 1989
Austria a/ 14 March 1985 29 July 1987
Belarus 19 December 1985 13 March 1987
Belgium 4 February 1985
Belize 17 March 1986 b/
Benin 12 March 1992 b/
Bolivia 4 February 1985
Bosnia and Herzegovina 6 March 1992 c/
Brazil 23 September 1985 28 September 1989
Bulgaria a/ 10 June 1986 16 December 1986
Burundi 18 February 1993 b/
Cambodia 15 October 1992 b/
Cameroon 19 December 1986 b/
Canada a/ 23 August 1985 24 June 1987
Cape Verde 4 June 1992 b/
Chile 23 September 1987 30 September 1988
China 12 December 1986 4 October 1988
Colombia 10 April 1985 8 December 1987
Costa Rica 4 February 1985 11 November 1993
Croatia a/ 8 October 1991 c/
Cuba 27 January 1986
Cyprus a/ 9 October 1985 18 July 1991
Czech Republic 1 January 1993 c/
Denmark a/ 4 February 1985 27 May 1987
Dominican Republic 4 February 1985
Date of receipt
of the instrument
of ratification
State Date of signature or accession
Ecuador a/ 4 February 1985 30 March 1988
Egypt 25 June 1986 b/
Estonia 21 October 1991 b/
Ethiopia 14 March 1994 b/
Finland a/ 4 February 1985 30 August 1989
France a/ 4 February 1985 18 February 1986
Gabon 21 January 1986
Gambia 23 October 1985
Georgia 26 October 1994 b/
Germany 13 October 1986 1 October 1990
Greece a/ 4 February 1985 6 October 1988
Guatemala 5 January 1990 b/
Guinea 30 May 1986 10 October 1989
Guyana 25 January 1988 19 May 1988
Hungary a/ 28 November 1986 15 April 1987
Iceland 4 February 1985
Indonesia 23 October 1985
Ireland 28 September 1992
Israel 22 October 1986 3 October 1991
Italy a/ 4 February 1985 12 January 1989
Jordan 13 November 1991 b/
Latvia 14 April 1992 b/
Libyan Arab Jamahiriya 16 May 1989 b/
Liechtenstein a/ 27 June 1985 2 November 1990
Luxembourg a/ 22 February 1985 29 September 1987
Malta a/ 13 September 1990 b/
Mauritius 9 December 1992 b/
Mexico 18 March 198523 January 1986
Monaco a/ 6 December 1991 b/
Morocco 8 January 1986 21 June 1993
Namibia 28 November 1994 b/
Nepal 14 May 1991 b/
Netherlands a/ 4 February 1985 21 December 1988
New Zealand a/ 14 January 1986 10 December 1989
Nicaragua 15 April 1985
Date of receipt
of the instrument
of ratification
State Date of signature or accession
Nigeria 28 July 1988
Norway a/ 4 February 1985 9 July 1986
Panama 22 February 1985 24 August 1987
Paraguay 23 October 1989 12 March 1990
Peru 29 May 1985 7 July 1988
Philippines 18 June 1986 b/
Poland a/ 13 January 1986 26 July 1989
Portugal a/ 4 February 1985 9 February 1989
Republic of Korea 9 January 1995 b/
Romania 18 December 1990 b/
Russian Federation a/ 10 December 1985 3 March 1987
Senegal 4 February 1985 21 August 1986
Seychelles 5 May 1992 b/
Sierra Leone 18 March 1985
Slovakia 29 May 1993 b/
Slovenia a/ 16 July 1993 b/
Somalia 24 January 1990 b/
South Africa 29 January 1993
Spain a/ 4 February 1985 21 October 1987
Sri Lanka 3 January 1994 b/
Sudan 4 June 1986
Sweden a/ 4 February 1985 8 January 1986
Switzerland a/ 4 February 1985 2 December 1986
Tajikistan 11 January 1995 b/
The Former Yugoslav Republic of
Macedonia 12 December 1994 c/
Togo a/ 25 March 1987 18 November 1987
Tunisia a/ 26 August 1987 23 September 1988
Turkey a/ 25 January 1988 2 August 1988
Uganda 3 November 1986 b/
Ukraine 27 February 1986 24 February 1987
United Kingdom of Great Britain
and Northern Ireland d/ 15 March 1985 8 December 1988
United States of America d/ 18 April 1988 21 October 1994
Uruguay a/ 4 February 1985 24 October 1986
Venezuela a/ 15 February 1985 29 July 1991
Date of receipt
of the instrument
of ratification
State Date of signature or accession
Yemen 5 November 1991 b/
Yugoslavia a/ 18 April 1989 10 September 1991
a/ Made the declaration under articles 21 and 22 of the Convention.
b/ Accession.
c/ Succession.
d/ Made the declaration under article 21 of the Convention.
ANNEX II
Membership of the Committee against Torture
(1995)
Country of Term expires
Name of member nationality on 31 December
Mr. Peter Thomas BURNS Canada 1995
Mr. Alexis DIPANDA MOUELLE Cameroon 1997
Mr. Fawzi EL IBRASHI Egypt 1995
Mr. Ricardo GIL LAVEDRA Argentina 1995
Mrs. Julia ILIOPOULOS-STRANGAS Greece 1997
Mr. Hugo LORENZO Uruguay 1995
Mr. Mukunda REGMI Nepal 1997
Mr. Habib SLIM Tunisia 1995
Mr. Bent SFRENSEN Denmark 1997
Mr. Alexander M. YAKOVLEV Russian Federation 1997
ANNEX III
Status of submission of reports by States parties under article 19
of the Convention as at 5 May 1995
A. Initial reports
Initial reports due in 1988 (27)
Date of entry Initial report
State party into force date due Date of submission Symbol
Afghanistan 26 June 1987 25 June 1988 21 January 1992 CAT/C/5/Add.31
Argentina 26 June 1987 25 June 1988 15 December 1988
CAT/C/5/Add.12/Rev.1
Austria 28 August 1987 27 August 1988 10 November 1988 CAT/C/5/Add.10
Belarus 26 June 1987 25 June 1988 11 January 1989 CAT/C/5/Add.14
Belize 26 June 1987 25 June 1988 18 April 1991 CAT/C/5/Add.25
Bulgaria 26 June 1987 25 June 1988 12 September 1991 CAT/C/5/Add.28
Cameroon 26 June 1987 25 June 1988 15/2/89 & 25/4/91 CAT/C/5/Add.16 &
26
Canada 24 July 1987 23 July 1988 16 January 1989 CAT/C/5/Add.15
Denmark 26 June 1987 25 June 1988 26 July 1988 CAT/C/5/Add.4
Egypt 26 June 1987 25 June 1988 26/7/88 & 20/11/90 CAT/C/5/Add.5 & 23
France 26 June 1987 25 June 1988 30 June 1988 CAT/C/5/Add.2
German Democratic
Republic 9 October 1987 8 October 1988 19 December 1988
CAT/C/5/Add.13
Hungary 26 June 1987 25 June 1988 25 October 1988 CAT/C/5/Add.9
Luxembourg 29 October 1987 28 October 1988 15 October 1991
CAT/C/5/Add.29
Mexico 26 June 1987 25 June 1988 10/8/88 & 13/2/90 CAT/C/5/Add.7 & 22
Norway 26 June 1987 25 June 1988 21 July 1988 CAT/C/5/Add.3
Panama 23 September 1987 22 September 1988 28 January 1991
CAT/C/5/Add.24
Philippines 26 June 1987 25 June 1988 26/7/88 & 28/4/89 CAT/C/5/Add.6 &
18
Russian Federation 26 June 1987 25 June 1988 6 December 1988
CAT/C/5/Add.11
Senegal 26 June 1987 25 June 1988 30 October 1989 CAT/C/5/Add.19
(Replacing Add.8)
Spain 20 November 1987 19 November 1988 19 March 1990 CAT/C/5/Add.21
Sweden 26 June 1987 25 June 1988 23 June 1988 CAT/C/5/Add.1
Switzerland 26 June 1987 25 June 1988 14 April 1989 CAT/C/5/Add.17
Togo 18 December 1987 17 December 1988
Uganda 26 June 1987 25 June 1988
Ukraine 26 June 1987 25 June 1988 17 January 1990 CAT/C/5/Add.20
Uruguay 26 June 1987 25 June 1988 6/6/91 & 5/12/91 CAT/C/5/Add.27 & 30
Initial reports due in 1989 (10)
Date of entry Initial report
State party into force date due Date of submission Symbol
Chile 30 October 1988 29 October 1989 21/9/89 & 5/11/90 CAT/C/7/Add.2 &
9
China 3 November 1988 2 November 1989 1 December 1989 CAT/C/7/Add.5
& 14
Colombia 7 January 1988 6 January 1989 24/4/89 & 28/8/90
CAT/C/7/Add.1 & 10
Czech and Slovak
Federal Republic 6 August 1988 5 August 1989 21/11/89 & 14/5/91
CAT/C/7/Add.4 & 12
Ecuador 29 April 1988 28 April 1989 27/6/90 & 28/2/91 CAT/C/7/Add.7 &
11 & 13
& 26/9/91
Greece 5 November 1988 4 November 1989 8 August 1990 CAT/C/7/Add.8
Guyana 18 June 1988 17 June 1989
Peru 6 August 1988 5 August 1989 9/11/92 & 22/2/94 CAT/C/7/Add.15 &
16
Tunisia 23 October 1988 22 October 1989 25 October 1989 CAT/C/7/Add.3
Turkey 1 September 1988 31 August 1989 24 April 1990 CAT/C/7/Add.6
Initial reports due in 1990 (11)
Date of entry Initial report
State party into force date due Date of submission Symbol
Algeria 12 October 1989 11 October 1990 13 February 1991 CAT/C/9/Add.5
Australia 7 September 1989 6 September 1990 27/8/91 & 11/6/92
CAT/C/9/Add.8 & 11
Brazil 28 October 1989 27 October 1990
Finland 29 September 1989 28 September 1990 28 September 1990
CAT/C/9/Add.4
Guinea 9 November 1989 8 November 1990
Italy 11 February 1989 10 February 1990 30 December 1991 CAT/C/9/Add.9
Libyan Arab
Jamahiriya 15 June 1989 14 June 1990 14/5/91 & 27/8/92 CAT/C/9/Add.7
& 12/Rev.1
Netherlands 20 January 1989 19 January 1990 14/3, 11/9 & 13/9/90
CAT/C/9/Add.1-3
Poland 25 August 1989 24 August 1990 22 March 1993 CAT/C/9/Add.13
Portugal 11 March 1989 10 March 1990 7 May 1993 CAT/C/9/Add.15
United Kingdom of
Great Britain and
Northern Ireland 7 January 1989 6 January 1990 22/3/91-30/4/92
CAT/C/9/Add.6,10 & 14
Initial reports due in 1991 (7)
Date of entry Initial report
State party into force date due Date of submission Symbol
Germany 31 October 1990 30 October 1991 9 March 1992 CAT/C/12/Add.1
Guatemala 4 February 1990 3 February 1991 2 November 1994
CAT/C/12/Add.5
Liechtenstein 2 December 1990 1 December 1991 5 August 1994
CAT/C/12/Add.4
Malta 13 October 1990 12 October 1991
New Zealand 9 January 1990 8 January 1991 29 July 1992 CAT/C/12/Add.2
Paraguay 11 April 1990 10 April 1991 13 January 1993 CAT/C/12/Add.3
Somalia 23 February 1990 22 February 1991
Initial reports due in 1992 (10)
Date of entry Initial report
State party into force date due Date of submission Symbol
Croatia 8 October 1991 7 October 1992
Cyprus 17 August 1991 16 August 1992 23 June 1993 CAT/C/16/Add.2
Estonia 20 November 1991 19 November 1992
Israel 2 November 1991 1 November 1992 25 January 1994 CAT/C/16/Add.4
Jordan 13 December 1991 12 December 1992 23 November 1994
CAT/C/16/Add.5
Nepal 13 June 1991 12 June 1992 6 October 1993 CAT/C/16/Add.3
Romania 17 January 1991 16 January 1992 14 February 1992 CAT/C/16/Add.1
Venezuela 28 August 1991 27 August 1992
Yemen 5 December 1991 4 December 1992
Yugoslavia 10 October 1991 9 October 1992
Initial reports due in 1993 (8)
Date of entry Initial report
State party into force date due Date of submission Symbol
Benin 11 April 1992 10 April 1993
Bosnia and
Herzegovina 6 March 1992 5 March 1993
Cambodia 14 November 1992 13 November 1993
Cape Verde 4 July 1992 3 July 1993
Czech Republic 1 January 1993 31 December 1993 18 April 1994
CAT/C/21/Add.2
Latvia 14 May 1992 13 May 1993
Monaco 5 January 1992 4 January 1993 14 March 1994 CAT/C/21/Add.1
Seychelles 4 June 1992 3 June 1993
Initial reports due in 1994 (8)
Date of entry Initial report
State party into force date due Date of submission Symbol
Antigua and Barbuda 18 August 1993 17 August 1994
Armenia 13 October 1993 12 October 1994 20 April 1995 CAT/C/24/Add.4
Burundi 20 March 1993 19 March 1994
Costa Rica 11 December 1993 10 December 1994
Mauritius 8 January 1993 7 January 1994 10/5/94 & 1/3/95
CAT/C/24/Add.1 & 3
Morocco 21 July 1993 20 July 1994 29 July 1994 CAT/C/24/Add.2
Slovakia 28 May 1993 27 May 1994
Slovenia 15 August 1993 14 August 1994
Initial reports due in 1995 (6)
Date of entry Initial report
State party into force date due Date of submission Symbol
Albania 10 June 1994 9 June 1995
Ethiopia 13 April 1994 12 April 1995
Georgia 25 November 1994 24 November 1995
Namibia 28 December 1994 27 December 1995
Sri Lanka 2 February 1994 1 February 1995
United States
of America 28 December 1994 27 December 1995
B. Second periodic reports*
Second periodic reports due in 1992 (26)
First supplementary
report
State party date due Date of submission Symbol
Afghanistan 25 June 1992
Argentina 25 June 1992 29 June 1992 CAT/C/17/Add.2
Austria 27 August 1992
Belarus 25 June 1992 15 September 1992 CAT/C/17/Add.6
Belize 25 June 1992
Bulgaria 25 June 1992
Cameroon 25 June 1992
Canada 23 July 1992 11 September 1992 CAT/C/17/Add.5
Denmark 25 June 1992 22 February 1995 CAT/C/17/Add.13
Egypt 25 June 1992 13 April 1993 CAT/C/17/Add.11
France 25 June 1992
Hungary 25 June 1992 23 September 1992 CAT/C/17/Add.8
Luxembourg 28 October 1992
Mexico 25 June 1992 21 July 1992 CAT/C/17/Add.3
Norway 25 June 1992 25 June 1992 CAT/C/17/Add.1
Panama 22 September 1992 21 September 1992 CAT/C/17/Add.7
Philippines 25 June 1992
Russian Federation 25 June 1992
Senegal 25 June 1992 27 March 1995 CAT/C/17/Add.14
Spain 19 November 1992 19 November 1992 CAT/C/17/Add.10
Sweden 25 June 1992 30 September 1992 CAT/C/17/Add.9
Switzerland 25 June 1992 28 September 1993 CAT/C/17/Add.12
Togo 17 December 1992
Uganda 25 June 1992
Ukraine 25 June 1992 31 August 1992 CAT/C/17/Add.4
Uruguay 25 June 1992
Second periodic reports due in 1993 (9)
Second periodic
report
State party date due Date of submission Symbol
Chile 29 October 1993 16 February 1994 CAT/C/20/Add.3
China 2 November 1993
Colombia 6 January 1993
Ecuador 28 April 1993 21 April 1993 CAT/C/20/Add.1
Greece 4 November 1993 6 December 1993 CAT/C/20/Add.2
Guyana 17 June 1993
Peru 5 August 1993
Tunisia 22 October 1993
Turkey 31 August 1993
_________________________
* By decision of the Committee at its seventh, tenth and thirteenth
sessions, those States parties which had not yet submitted their initial
report due in 1988, 1989 and 1990, namely Brazil, Guinea, Guyana, Togo and
Uganda, have been invited to submit both the initial and the second
periodic reports in one document.
Second periodic reports due in 1994 (11)
Second periodic
report
State party date due Date of submission Symbol
Algeria 11 October 1994
Australia 6 September 1994
Brazil 27 October 1994
Finland 28 September 1994
Guinea 8 November 1994
Italy 10 February 1994 20 July 1994 CAT/C/25/Add.4
Libyan Arab Jamahiriya 14 June 1994 30 June 1994 CAT/C/25/Add.3
Netherlands 19 January 1994 14/4/94, 16/6/94 & CAT/C/25/Add.1, 2 & 5
27/3/95
Poland 24 August 1994
Portugal 10 March 1994
United Kingdom of Great
Britain and Northern
Ireland 6 January 1994 25 March 1995 CAT/C/25/Add.6
Second periodic reports due in 1995 (7)
Second periodic
report
State party date due Date of submission Symbol
Germany 30 October 1995
Guatemala 3 February 1995
Liechtenstein 1 December 1995
Malta 12 October 1995
New Zealand 8 January 1995
Paraguay 10 April 1995
Somalia 22 February 1995
ANNEX IV
Country rapporteurs and alternate rapporteurs for each of
the reports of States parties considered by the Committee
at its thirteenth and fourteenth sessions
A. Thirteenth session
Report Rapporteur Alternate
Chile:
second periodic report
(CAT/C/20/Add.3) Mr. Gil Lavedra Mr. Lorenzo
Czech Republic:
initial report
(CAT/C/21/Add.2) Mr. Burns Mr. Yakovlev
Libyan Arab Jamahiriya:
second periodic report
(CAT/C/25/Add.3) Mr. SFrensen Mr. Burns
Liechtenstein:
initial report
(CAT/C/12/Add.4) Mr. El Ibrashi Mr. Yakovlev
Monaco:
initial report
(CAT/C/21/Add.1) Mr. El Ibrashi Mrs. Iliopoulos-Strangas
Morocco:
initial report
(CAT/C/24/Add.2) Mr. Dipanda Mouelle Mr. SFrensen
Peru:
initial report
(CAT/C/7/Add.16) Mr. Gil Lavedra Mr. Lorenzo
B. Fourteenth session
Report Rapporteur Alternate
Italy:
second periodic report
(CAT/C/25/Add.4) Mr. Gil Lavedra Mrs. Iliopoulos-Strangas
Jordan:
initial report
(CAT/C/16/Add.5) Mr. El Ibrashi Mr. Burns
Mauritius:
initial report
(CAT/C/24/Add.1 & 3) Mr. Dipanda Mouelle Mr. Regmi
Netherlands:
second periodic report
(CAT/C/25/Add.1 & 2) Mr. SFrensen Mr. Yakovlev
--Annex V
Decisions of the Committee against Torture
under article 22 of the Convention
A. Thirteenth session
Communication No. 10/1993
Submitted by: A. E. M. and C. B. L. (parents of the alleged victims)
Alleged victims: J. E. and E. B.
State party: Spain
Date of communication: 2 February 1993
The Committee against Torture, established under article 17 of the
Convention against Torture and Other Cruel, Inhuman or Degrading Treatment
or Punishment,
Meeting on 14 November 1994,
Adopts the following:
Decision on admissibility
1. The authors of the initial communication are A. E. M. and C. B. L.,
citizens of Spain residing in Santurce in the Basque province, writing on
behalf of their son J. E. and his wife E. B., who are currently detained at
the Spanish prisons of Orense and Albacete, respectively. By power of
attorney of 31 December 1993, Mr. E. authorized his parents to act on his
behalf and on behalf of his wife.
The facts as submitted by the authors:
2.1 The authors, who reside in the same apartment complex as did the
alleged victims, claim that on 29 January 1992, at six in the morning,
members of the Spanish police blew up the door of J. E.'s apartment and
arrested him and his wife in their bedroom. J. E. was taken to the Guardia
Civil in Bilbao and later Madrid and kept incommunicado for five days,
during which he was allegedly subjected to torture and ill treatment,
including beatings to the head, electrical shocks to the head, testicles
and other parts of the body. His head was allegedly put into a plastic bag
until he had almost been asphyxiated. His wife remained in the apartment
while the police officers carried out a search, which lasted until
approximately 9.30 in the morning, at which time she too was taken into
custody. Upon arrival at the police station, she was allegedly hooded and
left in a room for a long period of time, she was undressed by force and
handcuffed. On 30 January she and her husband were driven to Madrid, where
beatings and electric shocks allegedly continued during 96 hours of
intermittent interrogation. As a consequence of the maltreatment her
menstrual period commenced two weeks ahead of time, but she was not allowed
to clean herself. Meanwhile Mr. E. was allegedly hung upside down from a
lamp, until he lost consciousness, and a Guardia Civil officer forced a
revolver barrel into his mouth and shot, without a bullet. Psychotropic
drugs were allegedly administered to him with his food, with the result
that he started to hallucinate.
2.2 With regard to the exhaustion of domestic remedies, it is stated that
the alleged victims made reference to the alleged tortures when they were
brought before Judge I. M. C. It is reported that once J. E. removed his
shoe in front of the judge in order to show the black points left by the
instruments utilized when administering electric shocks. The authors
appeal to the Committee against Torture with the specific complaint that
the competent judicial authorities in Spain, in particular the judges and
forensic experts, have failed to investigate the alleged violations, thus
permitting the torturers to operate with impunity.
2.3 During the period of detention of the alleged victims and of 14 other
persons in Bilbao, an official of the World Organization against Torture
wanted to visit them, but permission was reportedly denied.
2.4 On 12 November 1993 Mr. E. was allegedly subjected to ill treatment at
Orense prison. An official investigation is in progress.
State party's observations:
3.1 By submissions of 1 September, 17 December 1993, 24 January and 19
April 1994, the State party argues that the communication is inadmissible
under article 22, paragraph 5 (b), of the Convention, because the authors
have not exhausted domestic remedies. The State party states that the
authors have seven lawyers and that they did not file any complaint with
the Spanish authorities, as provided for under Spanish law. However, the
State party submits that Spanish courts started ex officio investigations,
even if the alleged victims did not do so. An ex officio investigation
into the possible ill treatment of Mrs. E. was conducted under case No.
205/92, including through the examination of contemporary medical reports.
The Juzgado de Instruccion No. 44 invited Mrs. E. to participate in this
judicial investigation, but she declined. The investigation failed to
reveal any misconduct on the part of the Guardia Civil and was closed in
January 1993.
3.2 With regard to the alleged ill treatment of Mr. E. on 12 November
1993, the State party submits that Mr. E. filed a complaint with the
Juzgado de Guardia de Leon on 27 November 1993, 15 days after the alleged
events. The matter is currently under judicial investigation under No.
865/93. The State party forwards copies of the relevant documents.
3.3 As a further ground for inadmissibility, the State party refers to the
authors' submission to the effect that the same complaint had been
forwarded to the European Commission of Human Rights and to the European
Committee for the Prevention of Torture, both in Strasbourg. Examination
by these bodies would render the communication inadmissible under article
22, paragraph 5 (a), of the Convention.
3.4 The State party denies the allegations that Mr. and Mrs. E. were
subjected to torture or ill treatment upon their arrest in January 1992 or
subsequently during their detention. It submits copies of the reports of
the medical doctors who examined them every day during the first five days
of detention, as well as subsequent reports.
Author's comments:
4.1 With regard to the simultaneous submission of the same matter to two
European instances of investigation or settlement, the authors claim not to
know whether those bodies are currently investigating the cases of Mr. and
Mrs. E.
4.2 With regard to the exhaustion of domestic remedies, the authors refer
to the cases No. 205/92 concerning Mrs. E., before the Juzgado de
Instruccion No. 44 of Madrid and No. 113/92 concerning Mr. E., before the
Juzgado de Instruccion of Alcala de Henares, and Nos. 482/92 and 211/94,
before the Juzgado de Instruccion No. 40 of Madrid. The authors claim that
the investigations are not being conducted with due diligence. With regard
to the closing of the investigation in case No. 205/92, Mrs. E. is
endeavouring to obtain a formal notification with a view to reopening the
case.
Issues and proceedings before the Committee:
5.1 Before considering any claims contained in a communication, the
Committee against Torture must decide whether or not it is admissible under
article 22 of the Convention.
5.2 The Committee has ascertained, as it is required to do under article
22, paragraph 5 (a), of the Convention, that the same matter has not been
and is not being examined under another procedure of international
investigation or settlement.
5.3 Article 22, paragraph 5 (b), of the Convention precludes the Committee
from considering any communication unless it has ascertained that all
available domestic remedies have been exhausted. The authors concede that
two matters are currently under judicial investigation in Spain.
Accordingly, the Committee finds that the requirements of article 2,
paragraph 5 (b), of the Convention have not been met.
6. The Committee therefore decides:
(a) that the communication is inadmissible;
(b) that this decision may be reviewed under rule 109 of the Committee's
rules of procedure upon receipt of a written request by or on behalf of the
alleged victims containing information to the effect that the reasons for
inadmissibility no longer apply;
(c) that this decision shall be communicated to the authors and to the
State party.
[Done in English, French, Russian and Spanish, the English text being the
original version.]
Communication No. 15/1994
Submitted by: Tahir Hussain Khan [represented by counsel]
Alleged victim: The author
State party concerned: Canada
Date of communication: 4 July 1994
The Committee against Torture, established under article 17 of the
Convention against Torture and Other Cruel, Inhuman or Degrading Treatment
or Punishment,
Meeting on 15 November 1994,
Having concluded its consideration of communication No. 15/1994,
submitted to the Committee against Torture by Mr. Tahir Hussain Khan under
article 22 of the Convention against Torture and Other Cruel, Inhuman or
Degrading Treatment or Punishment,
Having taken into account all information made available to it by the
author of the communication, his counsel and the State party,
Adopts its Views under article 22, paragraph 7, of the Convention.
1. The author of the communication, dated 4 July 1994, is Mr. Tahir
Hussain Khan, of Kashmiri origin, citizen of Pakistan, currently residing
in Montreal, Canada. He claims to be a victim of a violation of article 3
of the Convention against Torture and Other Cruel, Inhuman or Degrading
Treatment or Punishment by Canada. He is represented by counsel.
The facts as submitted by the author:
2.1 The author, who was born on 14 August 1963 in Baltistan, Kashmir, left
Pakistan on 1 July 1990, out of fear for his personal security. He arrived
in Canada on 15 August 1990 and requested a residence permit on the grounds
that he was a refugee. The Immigration and Refugee Board of Canada heard
the author on 14 January 1992 and concluded that the author was not a
refugee within the meaning of the Refugee Convention. The author's
subsequent motion for leave for judicial review was refused on 17 April
1992 by a judge of the Federal Court. No further effective judicial
recourse is said to exist.
2.2 The author's request to be allowed to stay in Canada for humanitarian
reasons was refused by the immigration authorities on 10 May 1994. The
author's removal to Pakistan was ordered to be effectuated on 17 July 1994.
3.1 The author, who is a professional cricket player, is an active member
of the Baltistan Student Federation and supports the Baltistan movement to
join Kashmir. The Baltistan Student Federation is associated with the
Jammu and Kashmir Liberation Front. According to the author, the Baltistan
area is historically part of Kashmir but currently claimed by Pakistan as
part of Pakistan. He claims that Pakistan has denied the inhabitants of
Baltistan their full political rights and that the area is completely
militarized. The Pakistani authorities violently repress the movement for
civil rights and independence and individual activists are persecuted. In
this context, the author states that a friend and co-activist was
assassinated in August 1992.
3.2 The author submits that he fears persecution from Islamic
fundamentalists, the Pakistan Inter-Service Intelligence (ISI) and the
Government of Pakistan because of his membership in the Baltistan Student
Federation (BSF). He states that he was a local leader and organizer for
the BSF in Rawalpindi, and that he organized many demonstrations to
publicize the goals of his organization. He claims that he was arrested on
several occasions and accused of being an Indian agent. In 1987, he was
arrested by the ISI at the offices of the BSF in Skurdu, together with four
other BSF leaders. They were taken to the police station in Skurdu and
kept in a special ISI section. The author alleges that he and those
arrested with him were hung from the ceiling by their hands with rope and
badly beaten. After a week of maltreatment (cold showers, sleep
deprivation, being placed on ice-blocks), the author was released on bail.
3.3 On another occasion, in April 1990, the author, together with others,
was arrested after leading a demonstration for the BSF in Karachi. He was
taken to jail in Hyderabad, where he was beaten and subjected to electric
shocks. He also alleges that he was cut on his back and that chemicals
were applied to the cuts, which caused him severe pain. After two weeks,
he was released on bail and told to appear before the Court on 7 July 1990.
3.4 A letter, dated 27 July 1994, from a medical doctor at the Hopital
SaintLuc in Montreal affirms that the author has marks and scars on his
body which correspond with the alleged torture.
The complaint:
4.1 The author claims that the Canadian authorities did not address the
central facts of his case in the decision not to recognize him as a refugee
and that his claim was not justly dealt with.
4.2 The author, who is now in charge of the BSF overseas, claims that he
cannot return to Pakistan, because he risks persecution and attacks on his
life. He claims that he will be immediately arrested at the airport, be
detained and tortured. In this context, the author refers to reports by
Amnesty International and Asia Watch and claims that evidence exists of
systematic torture by Pakistani authorities. He attaches a supporting
affidavit by a Kashmir human rights lawyer, who testifies that
demonstrations organized by the Baltistan Student Federation have been
repressed by Pakistani authorities and that its leaders are at risk of
being arrested or killed. He also attaches a copy of a letter, dated 15
August 1994, from the Baltistan Student Federation, in which the author is
advised to remain in Canada, since the circumstances under which an arrest
warrant was issued against him are still prevailing.
Issues and proceedings before the Committee:
5. On 15 July 1994, the communication was transmitted to the State party,
with a request that the author should not be expelled before the Committee
would have communicated its decision under rule 108 of the rules of
procedure. In reply, the State party, by submission of 2 September 1994,
requested the Committee to examine the communication on the merits during
its next session in November 1994. For this purpose, the State party
agreed not to contest the admissibility of the communication.
State party's observations:
6.1 In its submission, dated 3 October 1994, the State party states that a
post-claim risk-assessment, conducted in September 1994, resulted in the
conclusion that Mr. Khan would not face a danger to life, extreme sanction
or inhumane treatment, should he be returned to Pakistan. In the light of
this finding and in the light of the need to process a large number of
refugee claims in Canada in a timely fashion, the State party requests the
Committee to examine the merits of the communication at its thirteenth
session. It confines its observations to the merits of the communication
only.
6.2 The State party begins by explaining the refugee determination process
in Canada, as applied to Mr. Khan, prior to amendments made in February
1993. The refugee determination process was composed of two separate oral
hearings, both of which were held before independent, quasi-judicial
administrative tribunals. In both these hearings, claimants had the right
to be represented by counsel of their choice, and were afforded the
opportunity to present evidence, crossexamine witnesses and make
representations. If either member of a two-member panel which conducted
the initial hearing determined that there was some possible basis for
success in the claim for refugee status, the claim proceeded to a second
oral hearing before the Refugee Division of the Immigration and Refugee
Board. At the second oral hearing, two members of the Refugee Division
examined whether the claimant met the definition of "Convention refugee".
The claim would succeed, if either member of the panel was satisfied that
this was the case. Leave to appeal a negative decision before the Federal
Court of Appeal could be asked and was granted if the claimant could show
that there was a "fairly arguable case" or a "serious question to be
determined". If leave was granted and the Court rendered a negative
decision, leave could be sought to challenge this decision before the
Supreme Court of Canada.
6.3 The State party submits that the United Nations High Commissioner for
Refugees has praised Canada's refugee protection system as being "among the
very best in the world".
6.4 The State party states that outside the framework of the refugee claim
process, the Immigration Act allows to determine whether circumstances
exist which warrant the granting of permanent resident status to
individuals for humanitarian and compassionate reasons. All failed refugee
claims before February 1993 were automatically considered for this purpose.
Guidelines have been developed to assist immigration officers in making
this determination. The guidelines include an assessment of the risk to a
person who may not be a "Convention refugee", but may none the less face
maltreatment abroad.
6.5 After the amendments to the Immigration Act, which came into force on
1 February 1993, the Act provides for a post-claim risk-assessment for
those individuals who are found not to be Convention refugees but face a
risk of serious harm should they be returned to their country of origin. A
person is allowed to stay in Canada if he, upon removal, would be subjected
to an objectively identifiable risk to his life, of extreme sanctions, or
of inhumane treatment. In the risk-assessment process claimants have an
opportunity to make written submissions on the risks they would face if
removed from Canada. A post-claim determination officer reviews also other
relevant material, such as the claimant's immigration file, material from
the Refugee Division hearing and country specific information. If a post-
claim determination officer comes to the conclusion that removal from
Canada would subject a person to the risk identified above, he is allowed
to apply for permanent residency. A negative decision is subject to
judicial review proceedings, with leave, before the Federal Court Trial
Division, and from there to the Federal Court of Appeal and the Supreme
Court of Canada.
6.6 After two non-governmental experts had prepared a study, in April
1994, in which concerns were expressed about the post-claim risk-assessment
process (in particular with regard to the low acceptance rate), the
Minister of Citizenship and Immigration announced specific interim
measures. Instructions were issued with regard to a broader application of
the regulatory criteria. It was under these criteria and instructions that
Mr. Khan's case was recently reviewed.
7.1 As to Mr. Khan's case, the State party states that he was first
interviewed by immigration officials on 9 August 1990. He declared that he
had entered Canada illegally from the United States, and that he had left
Pakistan on 1 July 1990. On 18 September 1990, the author signed a
Statutory Declaration in which he claimed political refuge. An interpreter
was present at that occasion. He informed the immigration officer about his
political activities and stated that he had received several threats. The
author was then referred to an immigration inquiry to determine his status
in Canada.
7.2 At the inquiry, the author made his claim for refugee status under the
procedures set out in the Immigration Act. On that occasion, he described
his political activity and alleged two instances of detention, one in
November 1987 and the second in March 1990. After a hearing on 24 May
1991, the author's claim was found to have a credible basis and thus
referred to the Refugee Division for a full oral hearing. At the hearing,
on 29 August 1991, the author was represented by a lawyer; interpretation
was provided. The State party submits that the information provided by the
author at the hearing was inconsistent with that provided by him earlier.
Furthermore, the oral testimony is said to have been internally
inconsistent. Although numerous opportunities were given to the author to
clarify these inconsistencies, the State party submits that the testimony
remained self-contradictory. Consequently, in its decision, dated 14
January 1992, the Refugee Division determined that the author was not a
refugee and that his oral testimony had been fabricated. The author's
leave to appeal was dismissed by the Federal Court of Appeal on 22 April
1992.
7.3 The State party emphasizes that in no instance during the proceedings
in determination of his refugee claim, the author or his counsel alleged
ill treatment or torture during the claimed periods of detention, nor did
they allude to future fear of torture.
7.4 After the author's leave to appeal had been dismissed, he was informed
that he should leave Canada on or before 23 May 1992. The author failed to
do so. After the author failed to report to the immigration office on 16
September 1992, as requested, a warrant for his arrest was issued. The
author was arrested on 21 September 1992, and on 23 September 1992, a
deportation order was issued against him. He remained in detention until
the scheduled day of his removal, 8 October 1992. On that date, his
scheduled removal was delayed because of his violent and aggressive
behaviour, which made it inappropriate to proceed with the removal without
escort officers.
7.5 On 27 October 1992, the author's presence was required at a
preliminary hearing in respect of charges of assault against him, following
a fight in a bar in March 1992. Under paragraph 50(1)(a) of the
Immigration Act, the author could not be removed from Canada until after
these charges were resolved. On 29 October 1992, the author was released
from detention, awaiting the outcome of the trial against him, which was
scheduled for 25 February 1993.
7.6 On 30 December 1992, counsel for the author requested the exceptional
granting of resident status on humanitarian and compassionate grounds. The
State party emphasizes that this request was mainly based on his community
involvement in Quebec and on the unstable situation in Pakistan, and that
no materials were filed demonstrating a personal risk for the author of
torture or maltreatment, if he were to be returned to Pakistan. On 29
January 1993, the application was refused.
7.7 On 25 February 1994, the author was convicted of assault causing
bodily harm and sentenced to one year probation and a $90 fine.
Consequently, his departure from Canada was scheduled for 17 March 1994.
On 15 March 1994, the author was arrested while attempting to enter the
United States illegally and contrary to the conditions imposed upon him
after his release from detention. On 16 March 1994, he was ordered detained
for removal purposes. According to the State party, the author threatened
Immigration officers, saying that he could not be held responsible for what
might happen to escort officers who would take him back to Pakistan. His
removal was delayed and the author remained in detention.
7.8 On 15 April 1994, counsel for the author made another humanitarian and
compassionate application. This application was refused on 10 May 1994.
The State party submits that the author could have applied to the Federal
Court if he felt that the review had been unfair, but he failed to do so.
Instead, counsel made additional humanitarian and compassionate review
submissions, without however submitting the requisite processing fee. As a
result, the application was not considered. The State party states that in
the materials submitted by counsel, no reference was made to the author
having been previously ill treated in Pakistan.
7.9 On 15 June 1994, counsel brought an application before the Refugee
Division for reconsideration of the author's refugee claim. On 18 June
1994, the application was denied. No attempt was made by counsel or the
author to challenge this decision.
7.10 On 4 July 1994, the author was released from detention. The State
party submits that it had been agreed that the author would get the
opportunity to arrange his voluntary departure to a country other than
Pakistan. It was agreed that he would leave Canada voluntarily by 15 July
1994, and that, failing that, removal to Pakistan would proceed on 17 July
1994.
7.11 After having been informed that the author had submitted a
communication to the Committee against Torture, the State party arranged
for a review of the author's case by a post-claim determination officer.
It is submitted that the post-claim determination officer evaluated the
materials filed by the author's counsel (including the materials submitted
to the Committee), the author's Personal Information Form, the decision of
the Refugee Division as well as other materials obtained from the
Documentation Centre of the Immigration and Refugee Board (including
reports from Amnesty International, Asia Watch and newspaper clippings on
the situation of the Northern Territories in Pakistan). The officer also
relied on research done by the staff of the Documentation Centre. On 19
September 1994, the author was informed that a negative decision had been
reached. The officer concluded that the author was one of thousands of
residents in Northern Pakistan who advocate a change in the status of
Kashmir, that the Government of Pakistan had supported secessionist groups
and that therefore no reasons existed why the Pakistani authorities would
be interested in the author. Moreover, the officer doubted the credibility
of the author's story, since he commenced his refugee claim in 1990, but
did not allege torture until 1994.
8.1 The State party refers to the Committee's Views in respect of
communication No. 13/1993 (Mutombo v. Switzerland), and submits that, in
determining whether article 3 of the Convention against Torture applies,
the following considerations are relevant: (a) the general situation of
human rights in a country must be taken into account, but the existence of
a consistent pattern of gross, flagrant or mass violations of human rights
is not in and of itself determinative; (b) the individual concerned must be
personally at risk of being subjected to torture in the country to which he
would return; and (c) "substantial grounds" in article 3(1) means that the
risk of the individual being tortured if returned is a "foreseeable and
necessary consequence". The State party submits that it examined each of
these elements and that it came to the conclusion that no substantial
grounds existed for believing that the author would be in danger of being
subjected to torture.
8.2 The State party submits that, although the human rights situation in
Pakistan is of concern, this does not mean that a consistent pattern of
gross, flagrant or mass violations of human rights exists. As regards the
northern part of Pakistan, the materials examined by immigration officials
show that the political status of the Northern Territories has never been
resolved. In theory, it is disputed territory and it has never been
represented in the Pakistan National Assembly. In practice, it is
administered as Pakistani territory. The Jammu and Kashmir Liberation
Front (JKLF), to which the Baltistan Student Federation is allegedly
associated, is one of the numerous militant organizations that operate in
the Kashmir region of both India and Pakistan, some of whom advocate
independence while others advocate accession to Pakistan. The State party
submits that JKLF was founded in 1964 and that it is responsible for
numerous acts of terrorism, including summary executions, kidnappings and
bomb explosions.
8.3 As to the question whether the author personally faces a risk of being
subjected to torture if returned to Pakistan, the State party submits that
there are significant inconsistencies in the statements made by the author
during the various proceedings. For instance, the dates of arrests and
length of detentions given by the author at several occasions are at
variance with each other, as are the reasons given for his arrest. The
State party contends that these inconsistencies impact significantly on the
veracity of the author's story and the credibility of his claims.
8.4 In this context, the State party refers to the finding of the Refugee
Division, whose members had the benefit of conducting an oral hearing with
the author, that the author's testimony was largely fabricated. The State
party submits that "it is a widely acknowledged principle of international
law, recognized in the practice of international tribunals (and in
particular human rights treaty bodies which have authority to consider
individual communications) that the findings of national tribunals on
matters of fact and domestic law should not be disturbed by an
international body". It states that the Committee should therefore be
extremely hesitant to alter findings of fact by the Refugee Division.
8.5 As regards the medical evidence submitted by the author, the State
party emphasizes that this was not produced until July 1994, although the
refugee claim dates from 1990. It further states that the evidence
confirms that the author has various scars, but that there is no indication
that these scars are the result of torture or that they could have been
caused by other events in the author's life, such as his sports career.
The State party states that the medical evidence was considered in the
post-claim risk-assessment, but that the author's failure to produce
medical evidence in proceedings before the Canadian tribunals deprived them
of the opportunity to test this evidence. The State party argues that
there was no reason why the author could not have advanced this evidence in
previous proceedings of competent tribunals and submits that the issue was
directly relevant to the determination made by the Refugee Division. It is
argued that the generally applicable principles relating to the reception
of new evidence militate strongly against the Committee accepting it now as
a basis for overriding the prior findings of the Canadian tribunals.
8.6 The State party contends that the available evidence does not support
the author's claim that he personally is sought after by the Pakistani
authorities. The State party submits that the author's secessionist
activities are pursued by thousands of others in his region with the
support of Pakistan. It is moreover argued that there is no evidence that
the Baltistan Student Federation, of which the author allegedly is a
leader, is the target of Pakistani repression. The State party further
points out that, although the author alleges that there is an outstanding
warrant for his arrest, he does not identify the charge or actions on which
that warrant is based. The State party moreover indicates that the
author's family continues to live in Pakistan unharmed and without
harassment.
8.7 In this context, the State party submits that article 3 of the
Convention should not be interpreted to offer protection to persons who
voluntarily place themselves at risk. "In other words, Mr. Khan should not
be able to invoke article 3 on the basis that he might again participate in
the activities of a militant organization and be subject to the risks
associated with the violent activities such organizations use and in turn,
face. [...] The important point is that currently Mr. Khan does not
attract any particular attention in Pakistan and his return by Canada would
not pose a risk."
8.8 In conclusion, the State party submits that the evidence presented by
the author is insufficient to demonstrate that the risk of being tortured
is a "foreseeable and necessary" consequence of his return to Pakistan. In
this context, the State party submits that the supporting affidavit by a
lawyer from Pakistan was from a member of JKLF, itself a terrorist
organization with a particular interpretation of the Kashmiri situation.
No sufficient evidence has been submitted which shows that the author's BSF
activities render him a target of the Pakistani authorities. On the
contrary, the documentation available suggests that the author's militant
activities were in fact common in the north of Pakistan and supported by
the Government.
Counsel's comments and State party's clarification:
9.1 In his comments, dated 26 October 1994, on the State party's
submission, counsel claims that it is clear that the real circumstances of
the author's case have never been fairly examined by the State party. He
refers to the documentation submitted to the Committee, among which
information indicating that already eight activists for Kashmir
independence had been killed by Pakistani supporters and that a bomb attack
had taken place against one of the JKLF leaders, and claims that there is a
great deal of documentary evidence of repression against those who want
independence for Kashmir. He also refers to the earlier submitted
affidavit by a Kashmir human rights lawyer, at present a refugee claimant
in Canada, who corroborates the author's story.
9.2 In particular, counsel submits that there is a great deal of evidence
of systematic torture by the Pakistani authorities. He states that the
Pakistan Human Rights Commission's annual report refers to the prevalence
of death by torture and torture with impunity by the police. Other reports
support this finding.
9.3 Counsel concedes that the Canadian refugee claim determination system
is good on paper, but argues that even in a good system, mistakes are made.
In this context, he emphasizes that the Canadian system does not allow for
an appeal on the merits, but only for an appeal (with leave) on matters of
law. Because of this, there is no possibility to correct errors on facts
and the system has been criticized for that. Counsel refers to a report,
dated December 1993, on the Immigration and Refugee Board, which shows that
serious problems exist. He adds that it is known among refugee lawyers
that the problems with the Board in Montreal are more serious than
elsewhere, because of the incompetence of board members. He claims that it
is clear from reading the decision of the Refugee Board in the author's
case that the basis of his claim has not been examined. He claims also
that the transcript of the hearing shows that the author and his
representative were constantly interrupted in their presentation of the
case, and that there was no examination of what had happened to the author
in Pakistan. Instead, the members of the Board focused on contradictions
in the dates of events.
9.4 Counsel submits that from early 1991 to early 1993, less than 1 per
cent of refused refugees were given status in Canada under the post-claim
riskassessment process. After severe criticism, the system was amended and
new regulatory criteria were established. However, counsel states that
these new criteria were still applied by the same deportation officers who
had refused everybody before. He claims that the recent figures (0.3 per
cent acceptance rate in 1993) show that the new system is a farce. For
this reason, the Government called for a further report (see above, para.
6.6). This report condemned incompetence, unwillingness to apply
international human rights standards and bureaucratic opposition to
treating people fairly. It stated that post-claim risk-assessments should
not be made by deportation agents, but by other officials. It is stated
that the recommendations of the report have not been implemented by the
Government.
9.5 Counsel claims that the post-claim decision in the author's case,
dated 10 May 1994, show all the shortcomings established by the report,
since the grounds in favour of protecting the author were not examined.
9.6 Council claims that the alleged inconsistencies and contradictions in
the author's evidence and submissions are not such that they make his
testimony unreliable. He states that the author has submitted sufficient
evidence to corroborate his story. As regards the State party's argument
that no evidence of previous torture was submitted before July 1994,
counsel points out that the author was in detention from mid-March to July
1994 and that the medical examination was conducted immediately after his
release. As to the State party's claim that the author was given the
opportunity to find a third country, counsel states that he is not aware of
such an offer.
9.7 As regards the review conducted by the State party after July 1994,
counsel argues this was not an independent review. He states that the
review was done by a low-level administrative official working for the
enforcement side of Immigration Canada. He further states that there is no
evidence that this officer examined the situation in Azad Kashmir and the
Northern Areas of Pakistan. In this context, counsel points out that he
made submissions on 15 September 1994, and that the decision is dated 19
September 1994. In the decision, no reference is made to the evidence
submitted. Counsel argues that the decision is based on wrong grounds:
(a) it states that Pakistan supports groups which want independence:
according to counsel, Pakistan is strongly opposed to the independence
movement and wants Kashmir to become part of Pakistan; (b) it states that
the author has no profile that is different from thousands of other people
in his area: counsel submits that there is evidence (newspaper pictures, a
police report, a video, an affidavit) which shows him to be a leader in the
Baltistan Student Federation; (c) it states that the author never mentioned
torture before 1994: according to counsel, this is untrue, since the
author earlier made reference to being "so weak that my family was scared
to see me", to Pakistan being governed under torture, and to having been
beaten in the police station.
9.8 Counsel agrees generally with the interpretation given by the State
party to the application of article 3 of the Convention. He contends,
however, that it is an exaggeration to say that torture must be a necessary
and foreseeable consequence. He argues that substantial grounds clearly
exist to fear that the author, who is a student leader of the Kashmiri
independence movement and has been its representative in Canada, will be
subjected to torture. Counsel refers to a report of Amnesty International,
which states that "torture, including rape, in the custody of the police,
the paramilitary and the armed forces is endemic, widespread and systematic
in Pakistan". He contests the State party's view that there is no
consistent pattern of gross, flagrant or mass violations of human rights in
Pakistan, and submits that the situation in the northern areas is
particularly bad. In this context, counsel refers to testimonies given by
human rights activists to the United Nations Commission on Human Rights in
March 1994.
9.9 Counsel contests the State party's view that the JKLF is a terrorist
organization, and claims that there is no evidence of use of violence by
the JKLF in Pakistan-occupied Kashmir. He submits that the party is widely
recognized to be the most popular political party in both Indian-and
Pakistanoccupied Kashmir. He submits that the vast majority of Kashmiris
today support independence for their country. He claims that the Pakistani
authorities are repressing everyone who advocates independence.
9.10 To support the argument that the author will risk torture upon his
return to Pakistan, counsel submits an arrest warrant, dated 12 September
1990, against the author, apparently related to an incident on 6 June 1990,
in which the author, referred to in the accompanying police report as
"President Baltistan Student Federation, Rawalpindi", led a demonstration
in Rawalpindi to demand constitutional rights for Baltistan and criticized
the Government. He also claims that the author's brother has fled the
country and now lives in England, whereas the author's parents have left
Baltistan and now live in Azad Kashmir. Counsel further refers to the
medical evidence, and argues that, if the State party doubts its
conclusions, it should have conducted an examination by its own experts.
9.11 Counsel concludes that there is sufficient evidence to show that the
author is personally sought after by the Pakistani authorities. He argues
that the author should not be sent back to a country where his life is in
danger. He claims that the evidence shows that the author faces immediate
detention and torture on his return.
10. In reaction to counsel's submission, the State party argues that the
central issue before the Committee is not the general operation of Canada's
refugee determination system, but whether the author has established that
he is personally at risk of being subject to torture in Pakistan upon his
return.
Decision on admissibility and examination of the merits:
11. Before considering any claims contained in a communication, the
Committee against Torture must decide whether or not it is admissible under
article 22 of the Convention. The Committee has ascertained, as it is
required to do under article 22, paragraph 5(a), of the Convention, that
the same matter has not been and is not being examined under another
procedure of international investigation or settlement. The Committee
notes that the State party has not raised any objections to the
admissibility of the communication and that it has requested the Committee
to proceed to an examination of the merits. The Committee finds therefore
that no obstacles to the admissibility of the communication exist and
proceeds with the consideration of the merits of the communication.
12.1 The Committee notes that both parties have made considerable
submissions with regard to the fairness of the refugee claim determination
system and the post-claim risk-assessment procedures. The Committee
observes that it is not called upon to review the prevailing system in
Canada in general, but only to examine whether in the present case Canada
complied with its obligations under the Convention. Nor is the Committee
called upon to determine whether the author's rights under the Convention
have been violated by Pakistan, which is not a State party to the
Convention. The issue before the Committee is whether the forced return of
the author to Pakistan would violate the obligation of Canada under article
3 of the Convention not to expel or to return a person to another State
where there are substantial grounds for believing that he would be in
danger of being subjected to torture.
12.2 Article 3 reads:
"1. No State party shall expel, return ('refouler') or extradite a person
to another State where there are substantial grounds for believing that he
would be in danger of being subjected to torture."
"2. For the purpose of determining whether there are such grounds, the
competent authorities shall take into account all relevant considerations
including, where applicable, the existence in the State concerned of a
consistent pattern of gross, flagrant or mass violations of human rights."
The Committee must decide, pursuant to paragraph 1 of article 3, whether
there are substantial grounds for believing that Mr. Khan would be in
danger of being subject to torture. In reaching this conclusion, the
Committee must take into account all relevant considerations, pursuant to
paragraph 2 of article 3, including the existence of a consistent pattern
of gross, flagrant or mass violations of human rights. The aim of the
determination, however, is to establish whether the individual concerned
would be personally at risk of being subjected to torture in the country to
which he would return. It follows that the existence of a consistent
pattern of gross, flagrant or mass violations of human rights in a country
does not as such constitute a sufficient ground for determining that a
person would be in danger of being subjected to torture upon his return to
that country; additional grounds must exist that indicate that the
individual concerned would be personally at risk. Similarly, the absence
of a consistent pattern of gross violations of human rights does not mean
that a person cannot be considered to be in danger of being subjected to
torture in his specific circumstances.
12.3 The Committee notes that the author of the present case has claimed
that he was a local leader of the Baltistan Student Federation, that he has
twice been tortured by Pakistani police and military, that he was scheduled
to appear before a Court upon charges related to his political activities,
and that he will face arrest and torture if he were to return to Pakistan.
In support of his claim, the author presented, among other documentation, a
medical report which does not contradict his allegations. The Committee
notes that some of the author's claims and corroborating evidence have been
submitted only after his refugee claim had been refused by the Refugee
Board and deportation procedures had been initiated; the Committee,
however, also notes that this behaviour is not uncommon for victims of
torture. The Committee, however, considers that, even if there could be
some doubts about the facts as adduced by the author, it must ensure that
his security is not endangered. The Committee notes that evidence exists
that torture is widely practised in Pakistan against political dissenters
as well as against common detainees.
12.4 The Committee considers therefore that in the present case
substantial grounds exist for believing that a political activist like the
author would be in danger of being subjected to torture. It notes that the
author has produced a copy of an arrest warrant against him, for organizing
a demonstration and for criticizing the Government, and that moreover he
has submitted a copy of a letter from the President of the Baltistan
Student Federation, advising him that it would be dangerous for him to
return to Pakistan. The Committee further notes that the author has
adduced evidence that indicates that supporters of independence for the
northern areas and Kashmir have been the targets of repression.
12.5 Moreover, the Committee considers that, in view of the fact that
Pakistan is not a party to the Convention, the author would not only be in
danger of being subjected to torture, in the event of his forced return to
Pakistan, but would no longer have the possibility of applying to the
Committee for protection.
12.6 The Committee therefore concludes that substantial grounds exist for
believing that the author would be in danger of being subjected to torture
and, consequently, that the expulsion or return of the author to Pakistan
in the prevailing circumstances would constitute a violation of article 3
of the Convention against Torture and Other Cruel, Inhuman or Degrading
Treatment or Punishment.
13. In the light of the above, the Committee is of the view that, in the
prevailing circumstances, the State party has an obligation to refrain from
forcibly returning Tahir Hussain Khan to Pakistan.
[Done in English, French, Russian and Spanish, the English text being the
original version.]
Communication No. 17/1994
Submitted by: X [name deleted]
Alleged victim: The author
State party: Switzerland
Date of communication: 22 August 1994
The Committee against Torture, established under article 17 of the
Convention against Torture and Other Cruel, Inhuman or Degrading Treatment
or Punishment,
Meeting on 17 November 1994,
Adopts the following:
Decision on admissibility
1. The author of the communication is X, a Zairian citizen, currently
residing in Switzerland. He claims to be a victim of a violation by the
Swiss authorities of article 3 of the Convention against Torture. He
submits the communication on his own behalf and on that of his companion.
The facts as submitted by the author:
2.1 The author, who was born in 1964, states that he has been a member of
the Union pour la democratie et le progres social (UDPS) since 1986. Since
a close relative was in charge of the UDPS in his hometown, the author was
entrusted the task of distributing invitations for illegal meetings, which
were usually held at the house of a family member. Because of his age, the
author himself almost never attended these meetings.
2.2 In January 1988, the author attended a public gathering organized by
the UDPS. When military police arrived to disperse the meeting, the author
fled to his parents' house. There he learned that his relative had been
arrested. The next morning, at 5.30 a.m., police arrived at the author's
house and detained him. The author claims that the police took him to a
room to be tortured, in order to make him disclose the names of those who
attended the meetings in his relative's house. When the author refused to
comply, he was accused of conspiracy against the Republic. In the evening
of the fifth day of detention, the author was released, thanks to the
intervention of a friend of his brother.
2.3 After having stayed with a friend for a brief period of time, his
brother drove him to another town, where he stayed with another brother.
About a year later, the author, through his brother, obtained a false
passport and boarded an Air Zaire plane for Rome. After his arrival in
Rome, the author sought help to go across the border with Switzerland.
2.4 Upon arrival in Switzerland, the author, in February 1989, requested
recognition as a refugee. He was heard by the Office cantonal des
demandeurs d'asile in Geneva, in May 1989. In July 1992, the Office
federal des refugies rejected his request. The author's appeal was
rejected by the Commission suisse de recours en matiere d'asile et de
renvoi in May 1994. The author and his companion were ordered to leave
Switzerland before or on 30 August 1994, failing which he would be returned
to Zaire. In August 1994, his permit was extended until 30 September 1994.
2.5 The author further states that he was joined by his girlfriend in
November 1991, that they are well integrated in society, and that they have
found employment.
The complaint:
3.1 The author argues that he owes his life to having fled Zaire. He
claims that he cannot go back to Zaire without endangering his security.
He argues that, since he does not possess proper identification papers, he
will be immediately arrested on arrival and, since he is known as a member
of the UDPS, he will be kept in detention and probably subjected to
torture. He states that in Zaire a consistent pattern of gross, flagrant
or mass violations of human rights exists, and that for this reason alone
the Swiss authorities should refrain from returning him. He further
submits that the simple fact of applying for asylum is considered in Zaire
as a subversive act.
3.2 Pending the Committee's decision on the merits of his communication,
the author requests the Committee to request Switzerland, under rule 108,
paragraph 9, of the Committee's rules of procedure, not to implement the
expulsion order against him and his companion.
Issues and proceedings before the Committee:
4.1 Before considering any claims contained in a communication, the
Committee against Torture must decide whether or not it is admissible under
article 22 of the Convention.
4.2 The Committee has examined the claims submitted by the author and
observes that his account lacks the minimum substantiation that would
render the communication compatible with article 22 of the Convention
against Torture and Other Cruel, Inhuman or Degrading Treatment or
Punishment.
5. The Committee against Torture therefore decides:
(a) that the communication is inadmissible;
(b) that this decision shall be communicated to the author and, for
information, to the State party.
[Done in English, French, Russian and Spanish, the English text being the
original version.]
Communication No. 18/1994
Submitted by: Y [name deleted] [represented by counsel]
Alleged victim: The author
State party: Switzerland
Date of communication: 16 September 1994
The Committee against Torture, established under article 17 of the
Convention against Torture and Other Cruel, Inhuman or Degrading Treatment
or Punishment,
Meeting on 17 November 1994,
Adopts the following:
Decision on admissibility
1. The author of the communication is Y, a Zairian citizen, currently
residing in Switzerland. He claims to be a victim of a violation by the
Swiss authorities of article 3 of the Convention against Torture. He is
represented by counsel.
The facts as submitted by the author:
2.1 The author, who was born in 1963, lived in the north of Zaire, until
1983. His father was arrested in 1968 for political reasons and kept in
detention for five years, until his death in 1973. In 1983, the author
moved for professional reasons to another town, where he lived with an
older cousin. After President Mobutu, on 24 April 1990, had announced the
end of the one-party system, the author joined the Union pour la democratie
et le progres social (UDPS), the opposition party. On 30 April 1990, the
UDPS organized a peaceful demonstration in Kinshasa, which was violently
dispersed by the police. Many more clashes between members of the
opposition movement and government forces followed, and in June 1990, the
author was arrested together with other demonstrators, after having
participated in a demonstration against the Government.
2.2 The author submits that he was kept in detention in a prison camp. He
was allegedly ill treated, beaten and threatened. After a month, the
author was transferred to the military offices in town. He then managed to
escape with the help of a military officer, who was of the same ethnic
background as the author. After having been in hiding in a village, with
friends of his cousin, he boarded an Air Zaire plane for Rome, with a false
passport which had been furnished by his cousin. After arrival in Italy,
he sent the passport back to his cousin, as agreed. Some Africans in Rome
helped him cross the border with Switzerland, where he arrived in late
August 1990.
2.3 Upon arrival in Switzerland, the author requested recognition as a
refugee. In July 1992, the Office federal des refugies rejected his
request, because the demonstration of June 1990, during which the author
allegedly was arrested, had never been reported; this gave rise to doubts
about the authenticity of the author's account. The author's appeal was
rejected by the Commission suisse de recours en matiere d'asile et de
renvoi in May 1994. The Commission considered that the author's story had
little credibility, given inter alia the fact that he had not been able to
describe in detail his place of detention and that he had not furnished any
documentary evidence in support of his personal claim. The author was
ordered to leave Switzerland before or on 30 August 1994, failing which he
would be returned to Zaire.
2.4 In January 1994, the author was joined by his daughter, who was born
in Zaire in 1987. In Switzerland, the author began a relationship with Ms.
Y; a daughter was born in June 1994. Because of the birth, the expulsion
was deferred to the end of September 1994.
The complaint:
3.1 The author argues that the political situation in Zaire has not
improved and that President Mobutu continues to terrorize the country. His
family members still in Zaire have informed him that the human rights
situation in the country is bad and that there is practically no political
opposition left. The author submits that he fears for his security, and
points out that at least one asylum seeker, who had been returned by
Belgium to Zaire in April 1990, had been arrested upon return and beaten,
and subsequently disappeared. The author also states that his cousin has
told him not to return to Zaire, because of the risks involved.
3.2 The author claims that his forced return to Zaire would be in
violation of article 3 of the Convention. In this context, he refers to
the Committee's Views in communication No. 13/1993, Mutombo v. Switzerland,
where the Committee concluded that a consistent pattern of gross, flagrant
or mass violations of human rights existed in Zaire. The author argues
that his family background as well as his personal experience as a
political opponent in Zaire, make it predictable that he will be arrested
upon arrival in Zaire, and consequently be subjected to maltreatment and
torture. In this context, he submits that an article recently published in
Zaire attributed certain political opinions to him.
3.3 Pending the Committee's decision on the merits of his communication,
the author requests the Committee to request Switzerland, under rule 108,
paragraph 9, of the Committee's rules of procedure, not to implement the
expulsion order against him.
3.4 It is stated that the same matter has not been submitted to any other
procedure of international investigation or settlement.
Issues and proceedings before the Committee:
4.1 Before considering any claims contained in a communication, the
Committee against Torture must decide whether or not it is admissible under
article 22 of the Convention.
4.2 The Committee has examined the claims submitted by the author and
observes that his account lacks the minimum substantiation that would
render the communication compatible with article 22 of the Convention
against Torture and Other Cruel, Inhuman or Degrading Treatment or
Punishment.
5. The Committee against Torture therefore decides:
(a) that the communication is inadmissible;
(b) that this decision shall be communicated to the author and his
counsel and, for information, to the State party.
[Done in English, French, Russian and Spanish, the English text being the
original version.]
--B. Fourteenth session
Communication No. 6/1990
Submitted by: Ms. Irene Ursoa Parot
Alleged victim: Henri Unai Parot
State party concerned: Spain
Date of communication: 13 October 1990
Date of decision on admissibility: 26 April 1994
The Committee against Torture, established under article 17 of the
Convention against Torture and Other Cruel, Inhuman or Degrading Treatment
or Punishment,
Meeting on 2 May 1995,
Having concluded its consideration of communication No. 6/1990, submitted
to the Committee against Torture on behalf of Mr. Henri Unai Parot under
article 22 of the Convention against Torture and Other Cruel, Inhuman or
Degrading Treatment or Punishment,
Having taken into account all information made available to it by the
author of the communication and by the State party,
Adopts the following views under article 22, paragraph 7, of the
Convention. 1/
1. The author of the communication is Irene Ursoa Parot, a resident of
France. She submits the communication on behalf of her brother, Henri Unai
Parot, a French citizen born in Algiers. Mr. Parot is a member of the
Basque separatist organization ETA, and is serving a sentence of life
imprisonment in Spain. She claims that her brother is a victim of a
violation by Spain of the Convention against Torture, without however
specifying the provisions of the Convention alleged to have been violated.
Facts as submitted by the author:
2.1 Henri Parot was arrested in Seville on 2 April 1990 after an exchange
of gunfire with the Guardia Civil which had stopped his car. The Guardia
Civil claimed that his car was carrying 300 kilograms of amonal, to be used
to blow up the police headquarters of Seville. The Audiencia Nacional
found him guilty of participation in terrorist acts, murder and attempted
murder and, on different counts, sentenced him to consecutive terms of 30
years' imprisonment.
2.2 The author, in a submission dated 13 October 1990, states that she has
learned the following from her brother: he was interrogated at the
headquarters of the Guardia Civil in Seville until the early morning of 3
April 1990; in the course of the interrogation he was tortured. On 3 April
1990, he was transferred to Madrid, where the interrogation continued;
allegedly, a special unit of the Guardia Civil normally stationed in Basque
territory participated in this interrogation, with the purpose of
administering "expert" torture. The interrogation continued for five
entire days, during which he was not allowed to eat or sleep.
2.3 Among the tortures allegedly inflicted on her brother, the author
mentions:
-placing of plastic bags over his head, so as to provoke a sensation of
suffocation. This allegedly was repeated some 20 times;
-constant beatings, not administered too hard so as not to leave visible
marks;
-injection of an unknown substance by means of a syringe;
-putting him into a straightjacket, followed by suspending him by his
hair.
2.4 Henri Parot's family has been able to witness the physical results of
the torture on him - loss of hair, loss of weight, permanent exhaustion -
and the psychological sequelae, manifested by a state of profound
depression. Furthermore, he is said to suffer from periodic bouts of
amnesia, in particular in respect of the first five days of his detention.
2.5 On 7 April 1990, Mr. Parot was brought before the examining magistrate
of the Juzgado Central de Instruccion No. 4 of the Audiencia Nacional of
Madrid. At the conclusion of his statement before the judge, he complained
of torture he had suffered at the hands of the Guardia Civil. During the
hearing he was assisted by a lawyer who had been retained by his family.
2.6 On 10 April 1990, Mr. Parot was transferred to the prison of Herrera
de la Mancha. On 11 April, he was again brought before the Audiencia
Nacional of Madrid to testify before a French magistrate to whom he also
complained about the ill treatment.
2.7 As to prison conditions, it is claimed that during his detention at
the Carabanchal prison in Madrid from 7 to 10 April 1990, the prison guards
prevented him from sleeping by refusing to switch off the light in his cell
or by continuously banging against his cell door. At the prison of Herrera
de la Mancha, he was kept incommunicado most of the time. The prison
doctor made him sign a statement certifying that he had not suffered any
form of torture or ill treatment. For 20 days, Mr. Parot was kept in a
cell close to the office of the Guardia Civil, whose occupants sought to
scare him by firing shots outside his cell and by threatening to kill him
or members of his family. On 17 April, when taking a shower, he was
allegedly severely beaten by a group of masked men, said to be members of
the Guardia Civil. On 8 June 1990, Mr. Parot was transferred to the prison
of Alcala-Meco in Madrid, so as to facilitate the hearings before the
examining magistrate of the Audiencia Nacional.
2.8 By letter of 10 May 1993, Mr. Parot confirms that he wishes the
Committee against Torture to examine his allegations of torture and ill
treatment was presented in the communication prepared by his sister.
2.9 In a further submission, dated 20 August 1993, the author provides
precise information about the complaints of torture and ill treatment made
by or on behalf of Mr. Parot. This includes a complaint made by the author
during the hearing before the investigating magistrate of the Juzgado
Central de Instruccion No. 4 of the Audiencia Nacional in April 1990, and
25 complaints made during the trial before the Audiencia Nacional, the
first on 4 December 1990 and the last complaint on 4 June 1993. She states
that her brother received a visit on 28 May 1991, at the prison of Alcala-
Meco, by an investigating magistrate of Alcala-de-Henares, who asked him
formally whether he wished to maintain his complaints; Mr. Parot replied in
the affirmative.
Prior decisions taken by the Committee:
3.1 The Committee against Torture initially examined communication No.
6/1990 during its seventh session in November 1991. It considered that,
since the author had conceded that an investigation into Mr. Parot's
allegations had been opened by an investigating magistrate of Alcala-de-
Henares, domestic remedies had not been exhausted. On 12 November 1991,
the Committee therefore declared the communication inadmissible. 2/
3.2 During its ninth session, in 1993, the Committee had before it a
request from the author to reopen the consideration of the communication,
because no investigation had yet been conducted by the Spanish authorities.
The Committee decided to appoint one of its members as Special Rapporteur
to examine the request. The Special Rapporteur approached the State party
for its comments, which were placed before the Committee at its tenth
session. The Committee subsequently decided to ask Mr. Parot himself
whether he wished the Committee to examine his case and to request more
precise information about the complaints filed with the Spanish authorities
regarding his torture (see paras. 2.8 and 2.9 above). On the basis of the
information received, the Committee, acting pursuant to rule 109 of its
rules of procedure, decided, on 18 November 1993, to set aside its prior
decision of 12 November 1991 and to reopen its consideration of the case.
It further decided to request the State party to provide information
relevant to the question of admissibility of the communication.
Information submitted by the State party and the author's comments thereon:
4.1 By a submission of 11 February 1994, the State party claims that the
communication is inadmissible. It submits that, notwithstanding the
author's statement, inquiries made of the seven tribunals of first instance
in Alcala-de-Henares give no indication of any complaint of torture lodged
by Mr. Parot.
4.2 The State party denies that any ill treatment of Mr. Parot has taken
place. It states that Mr. Parot received regular visits from medical
doctors during his detention by the Guardia Civil in Seville and Madrid and
later in prison and that no reference to ill treatment or torture is to be
found in the medical reports. Similarly, the investigating magistrates
before whom Mr. Parot appeared did not report any visible signs of ill
treatment or torture. Although Mr. Parot mentioned at the end of the
hearing before the investigating judge of the Fourth Tribunal of the
Audiencia Nacional on 7 April 1990, that he had been subjected to torture,
the investigating judge did not find sufficient reason to order an
investigation into the allegations, taking the medical information into
account and seeing that Mr. Parot did not show any signs of having been
subjected to torture or ill treatment. The State party states extensive
examination of all the relevant records shows that Mr. Parot subsequently
did not formally request an investigation of the alleged ill treatment
during the first days of his detention.
4.3 The State party claims that the information provided by the author
about the complaints made by or on behalf of her brother was excessively
vague. It contends that it is the policy of ETA members, their family and
their lawyers to submit complaints at random to all kinds of international
organizations. It submits that Mr. Parot has filed numerous complaints
with the authorities in charge of the prison system (Juzgados de Vigilancia
Penitenciara) about alleged deficiencies in prison services, showing that
he knows how to use the available complaint procedures, but that he has
never submitted a complaint about torture or ill treatment.
4.4 The State party submits that the only complaints filed on behalf of
Mr. Parot are two identical complaints filed by Mr. Parot's wife in April
and May 1991 and relating to rumours that prison personnel had tried to
hire a prisoner to kill ETA members in prison. Similar complaints were
filed by other family members of ETA prisoners. An investigation was
opened, following which the judge of Tribunal No. 7 of Alcala-de-Henares,
on 9 March 1993, ordered the suspension of the proceedings, for lack of
evidence.
4.5 The State party concludes that the communication is inadmissible,
because it is not based on true facts, because it is not related to the
Convention against Torture, and because the domestic remedies have not been
exhausted.
5.1 In her comments (dated 24 March 1994) on the State party's submission,
the author submits that she has difficulty in finding precise information
regarding the investigation ordered by an examining magistrate of the
Tribunal of Alcala-de-Henares and that the State party is in a better
position to provide this information. She states that early in the
afternoon of 28 May 1991, her brother was visited in the prison of Alcala-
de-Henares by a female examining magistrate (juez de guardia) of the
Tribunal. According to the author, the magistrate refused to give her name
and asked Mr. Parot whether he wished to maintain his complaints of
torture. After he replied affirmatively, his complaint was written down
that same afternoon and read to Mr. Parot, who then signed it, in the
presence of a lawyer appointed by the magistrate. No copy of the written
complaint was furnished to Mr. Parot. This is said to be in violation of
Spanish law.
5.2 As to the State party's contention that the medical reports did not
show that Mr. Parot had been ill treated or tortured, the author replies
that the torture inflicted upon her brother was not "medieval torture", but
torture not leaving obvious traces on the body. She affirms that her
brother did not denounce the ill treatment to the medical doctors who came
to visit him, out of fear of retaliation by the Guardia Civil.
The Committee's admissibility decision:
6.1 During its twelfth session, the Committee considered the admissibility
of the communication. It ascertained that the same matter had not been and
was not being examined under another procedure of international
investigation. It noted that the assertion that on 7 April 1990 Mr. Parot
had complained about ill treatment and torture before the investigating
magistrate had not been challenged. The Committee considered that, even if
these attempts to engage available domestic remedies may not have complied
with procedural formalities prescribed by law, they left no doubt as to Mr.
Parot's wish to have the allegations investigated. The Committee concluded
that, in the circumstances, it was not barred from considering the
communication.
6.2 Accordingly, the Committee decided on 26 April 1994, that the
communication might raise issues under the Convention, especially with
regard to the lack of investigation by the State party of Mr. Parot's
allegations.
The State party's observations on the merits and author's comments:
7.1 By a communication of 29 November 1994, the State party submits that
the case of Mr. Parot was brought to the attention of the Special
Rapporteur on Torture of the United Nations Commission on Human Rights, who
addressed a request for information to the State party. The State party
indicates that, after it had provided information, the case was closed and
no reference to the case was made by the Special Rapporteur in his report
to the Commission on Human Rights.
7.2 The State party further contends that the communication submitted to
the Committee on behalf of Mr. Parot is extremely vague. It notes that no
details are provided about the alleged complaint before the judge in
Alcala-de-Henares, and it expresses its perplexity that the Committee, in
those circumstances, has declared the communication admissible. In this
context, it recalls that Mr. Parot is "one of the greatest criminals of the
century", that he was the leader of a commando of the ETA, and that his
false allegations have received disproportionate attention, to the benefit
of the ETA and in discrimination of other citizens.
7.3 As to the merits of the communication, the State party indicates that
Mr. Parot has shown to be very familiar with the justice system in Spain,
since he has filed numerous complaints about prison conditions, all of
which have been dealt with, but that he never filed a formal complaint
about ill treatment or torture. The State party maintains that the members
of the ETA are under instruction systematically to claim hat they have been
subjected to torture and ill treatment. The State party adds that the
judge at the preliminary inquiry did not observe any injuries requiring
investigation. The State party claims that, if the allegations would have
been true, Parot's lawyer would certainly have requested the judge to have
this evidence referred to the competent judge for investigation. In this
context, the State party points out that Parot's lawyers never submitted
any complaint of maltreatment in detention. Moreover, the State party adds
that one of Parot's lawyers, on 22 June 1990, did file a complaint about
Parot having been insulted and beaten during transport within Madrid. The
State party argues that it is inconsistent, if the allegations were true,
to file an official complaint of one incident and not to file a complaint
of torture and maltreatment upon arrest.
7.4 The State party further states that Mr. Parot was examined by a
medical doctor on a number of occasions during his detention. It is
submitted that the first medical examination took place at a quarter past
midnight on 3 April 1990, and that only two minor bruises were found, and
that Mr. Parot stated that he had not been subjected to ill treatment. The
second examination took place also on 3 April 1990, after his arrival in
Madrid, and again on 5, 6 and 7 April 1990. The State party transmits
copies of the medical reports and concludes that no signs of ill treatment
were recorded.
7.5 The State party points out that, during this period, Mr. Parot never
complained about torture or maltreatment in any of the statements he made.
The State party points out that, while making these statements, Mr. Parot
was at all times in the presence of his State-appointed lawyer. The State
party encloses a declaration made by a lawyer who represented Parot during
the first days of his detention, stating that he was not aware of any ill
treatment or torture having been inflicted on Parot and that, on the
contrary, Parot appeared to be in good health and made his statements
freely.
7.6 With regard to the appearance before the investigating judge on 7
April 1990, the State party submits that the judge stated on 7 November
1994 that during the hearing Mr. Parot showed no sign of being nervous,
tired or exhausted, and that no complaint was made by the lawyer who
represented him. The State party further refers to the judgement by the
Audiencia Nacional, dated 18 December 1990, in which the allegation of
maltreatment made by Parot during the hearing on 7 April 1990 is found to
be without merit. The judge considered that none of the five State-
appointed lawyers, who were alternating to assist Parot during the
interrogations, observed any irregularity, that the medical reports refer
only to bruises caused at the time of Parot's arrest (the judge recalled
that Parot was arrested after having fired 15 shots at the policemen
present and that they had to use force to arrest him), that Parot himself
had declared to the medical doctor who examined him that he was not ill
treated which declaration had not been denied, that he only made the
allegation at the hearing at the end of his statement, after a specific
question from his lawyer, and, finally, that the allegations conflict with
the observations of the judge at the hearing.
7.7 With regard to the claim that Mr. Parot was visited by a female
examining magistrate in the prison of Alcala-de-Henares who asked him
whether he wished to maintain his complaint about ill treatment, the State
party submits that a (male) investigating magistrate visited Parot in
prison on 18 May 1991, for the purpose of notifying him of the order
initiating criminal proceedings against him and hearing his answer to the
charge, and that Parot, having waited for his lawyer to arrive, stated that
his statements had been obtained through torture. The State party
emphasizes that this claim cannot be seen as a formal complaint of
maltreatment, and that a similar claim had already been ruled on by the
Audiencia Nacional in the same preliminary investigation on 18 December
1990 (see above).
7.8 Finally, the State party points out that the written conclusions of
counsel for Mr. Parot, regarding the preliminary proceedings on 20 January
1992 make no reference to ill treatment. In its judgement of 18 June 1993,
the Juzgado Central de Instruccion finds that Mr. Parot does not appear to
have been subjected to ill treatment.
8.1 In her comments, dated 27 January 1995, the author contests the State
party's claim that she is an instrument of the ETA, and maintains that she
addressed a communication to the Committee only out of concern for the
wellbeing of her brother. She states that those persons who claim to have
seen her brother during the first days of his detention and who maintain
that they did not observe any sign of ill treatment are actually
accomplices in the torture. She denounces as propaganda the State party's
statement that ETA members are under instruction to make allegations of
torture.
8.2. The author further states that any vagueness in her statements is due
to the fact that she lives in France, which makes contact with her brother
and his lawyers difficult.
8.3 With regard to the visit to the prison on 28 May 1991, the author
states that she never denied that a male investigating magistrate visited
her brother in prison on that day, but adds that on the same day another
visit was made by a judge of the Juzgado No. 3 de Alcala-de-Henares, Mrs.
Isabel Fernandez, upon request by the tribunal of first instance (Juzgado
de instruccion) No. 2 of Manzares, to whom Parot officially complained of
torture.
8.4 She explains that research in Manzares has shown that a complaint was
made on 21 and 28 April 1990 on behalf of Parot to the tribunal of first
instance No. 1 of Manzares about Parot's detention incommunicado and about
an incident during which Parot was beaten while on his way to the shower.
On 16 May 1990, Parot made a statement in prison, confirming the complaints
made on his behalf. A medical certificate stated that Parot showed bruises
on the right arm and leg. Furthermore, on 11 May 1990, an investigation was
opened by the tribunal of first instance No. 2 of Manzares, following
detailed charges made by Parot before a judicial commission that he was
tortured upon his arrest. On 10 January 1991, the two investigations were
joined. On 21 May 1991, the Juzgado No. 3 of Alcala-de-Henares received a
request to hear Parot on the matter, and the magistrate interviewed Parot
in prison on 28 May 1991. The author claims that in the end the
investigating magistrate of tribunal No. 2 of Manzares decided to file the
case, and to decide only on the complaint related to the shower incident
and stating that Parot's declarations did not show any criminal liability
of known persons.
8.5 The author states that her brother was never informed of the outcome
of the investigation and has not received copies of the relevant documents.
She contends that this has made it difficult for her to verify the facts in
the case.
8.6 The author expresses surprise at the statement made by one of the
Stateappointed lawyers who were present during her brother's
interrogations. The author contests the truthfulness of the State lawyer's
statement and explains that Spanish law allows detention incommunicado for
up to five days of persons suspected of terrorism, excluding assistance of
a freely chosen lawyer and requiring the presence of a State-appointed
lawyer during the making of statements. According to the author, the law
also precludes contact in private between the detainee and the lawyer. She
therefore concludes that it is questionable that Parot met with the lawyer,
only to tell him that he had been well treated. In this context, she
affirms that her brother denies having had a private meeting with a lawyer
during his detention.
Consideration of the merits:
9. The Committee considered the communication in the light of all
information made available to it by the parties, in accordance with article
22, paragraph 4, of the Convention.
10.1 By its decision of 26 April 1994, the Committee held that the
communication was formally admissible, as it raised the question of
possible responsibility of the State party under article 13 of the
Convention, which provides as follows:
"Each State party shall ensure that any individual who alleges he has
been subjected to torture in any territory under its jurisdiction has the
right to complain to, and to have his case promptly and impartially
examined by, its competent authorities ..."
10.2 In the case under consideration the author of the communication
states that, on 7 April 1990, on concluding his statement before Juzgado
Central de Instruccion No. 4 of the Audiencia Nacional of Madrid, her
brother Henri Parot complained that he had been tortured by the Guardia
Civil on the days immediately following his arrest, and that this complaint
was never considered by the authorities of the State party.
10.3 The State party has denied that the alleged ill treatment took
place and has stated that Mr. Parot's allegations were investigated by the
prison and court authorities with negative results.
10.4 The Committee notes that, in principle, article 13 of the Convention
does not require the formal submission of a complaint of torture. It is
sufficient for torture only to have been alleged by the victim for the
state to be under an obligation promptly and impartially to examine the
allegation.
10.5 It is the Committee's view that the State party considered and
rejected the allegation of torture made by Mr. Parot in the above-mentioned
statement of 7 April 1990. The judgement of the Audiencia Nacional of 18
December 1990 dealt expressly with the said complaint and rejected it on
the basis of the five medical examinations that were carried out at the
time of the alleged torture and the statements made by Parot himself to the
Seville medical examiner, which statements were never denied (see paras.
7.5 and 7.6 above).
10.6 The Committee considers that where complaints of torture are made
during court proceedings it is desirable that they be elucidated by means
of independent proceedings. Whether or not such action is taken will
depend on the internal legislation of the State party concerned and the
circumstances of the specific case.
10.7 There are no grounds for Mr. Parot or the author of the
communication to challenge the procedure followed in this case by the State
party, since not only did Mr. Parot have the benefit of full assistance by
counsel during the trial but he also made frequent exercise of his right to
make other charges and complaints, which were also considered by the
authorities of the State.
11. The Committee against Torture therefore concludes that the State party
did not violate the rule laid down in article 13 of the Convention and it
considers that, in the light of the information submitted to it, no finding
of violation of any other provision of the Convention could be made.
[Done in Spanish, French, English and Russian, the Spanish version being
the original.]
Notes
1/ In accordance with rule 104 of the Committee's rules of procedure,
Mr. Hugo Lorenzo did not take part in the consideration of this
communication or in the decision concerning it.
2/ CAT/C/7/D/6/1990, decision on admissibility dated 12 November 1991.
Communication No. 14/1994
Submitted by: B. M'B. [name deleted]
Alleged victims: Faisal Barakat and family
State party: Tunisia
Date of communication: 29 March 1994
The Committee against Torture, established under article 17 of the
Convention against Torture and Other Cruel, Inhuman or Degrading Treatment
or Punishment,
Meeting on 5 May 1994,
Adopts the following:
Decision on admissibility
1. The author of the communication is B. M'B., a Tunisian national,
currently residing in France with the status of political refugee. He
submits the communication on behalf of the late Faisal Barakat and his
family. He claims that they are victims of violations by Tunisia of
articles 2, paragraph 1, 11, 12, 13 and 14, of the Convention against
Torture.
The facts as submitted by the author:
2.1 The author states that the alleged victim, Faisal Barakat, a
university student in Tunisia, was arrested in the morning of 8 October
1991 by members of the Intelligence Brigade of the Nabeul National Guard.
Upon his arrest, he was reportedly beaten and towards noon he was brought
to the quarters of the Brigade where his "hands and feet were bound and he
was suspended between two chairs on a big stick, with his head down and the
soles of his feet and his buttocks showing, in which is commonly called the
'roast chicken' position. The blows and screams continued from then until
nightfall, when officers threw him out into the corridor after bringing
another prisoner into the office. Faisal Barakat was in a very bad
condition and seemed to be dying. The officers nevertheless prohibited the
30 or so prisoners present, including his own brother, Jamel, from giving
him assistance. One half hour later, he seemed to have died."
2.2 On 17 October 1991, the victim's father was taken to Tunis by the
Chief of the Traffic Police; he was informed that his son had died in a car
accident. At the Charles Nicole Hospital, he was asked to identify his son
among the many corpses in the mortuary. He noted that his son's face was
disfigured and difficult to recognize. He was not allowed to see the rest
of the body. He was made to sign a statement in which he recognized that
his son was killed in an accident; at that time, his other son Jamel was
still in prison, allegedly as a hostage to prevent his father from
denouncing the circumstances of Faisal's death. At the funeral, the police
carried the coffin and supervised the ceremony; the coffin remained closed.
2.3 The author submits several medical reports, based on the official
autopsy report, concluding that the victim died as a result of the torture
described above.
2.4 The author asks the Committee to request Tunisia to take measures to
protect the physical, moral and economic security of his family, the
victim's family and the witnesses and their families.
2.5 Finally, the author states that the International Secretariat of
Amnesty International in London has accepted to provide evidence in support
of his communication.
2.6 By letters of 12 September 1994, 8 October 1994 and 26 April 1995, the
author expresses concern over the safety of witnesses who reportedly have
been detained and questioned by Tunisian authorities in connection with the
communication before the Committee. Moreover, members of the author's and
the victim's families have been allegedly subjected to intimidation.
The State party's information:
3.1 By submissions of 9 August, 10 November 1994 and 18 April 1995, the
State party denies the author's allegations and claims that the
communication is inadmissible, invoking rule 107 of the Committee's rules
of procedure and arguing that communications must be presented by victims
or their representatives, properly designated and authorized. It is
contended that Mr. B. M'B. has not been duly authorized by the family to
present a claim before the Committee.
3.2 Moreover, the State party argues that it appears that the author is
acting as a representative of Amnesty International, and that he therefore
has no standing under article 22 of the Convention.
Admissibility considerations:
4.1 Before considering any claims contained in a communication, the
Committee against Torture must decide whether or not it is admissible under
article 22 of the Convention and its rules of procedure.
4.2 Article 22, paragraph 1, of the Convention stipulates that "a State
party to this Convention may at any time declare under this article that it
recognizes the competence of the Committee to receive and consider
communications from or on behalf of individuals subject to its jurisdiction
who claim to be victims of a violation by a State party of the provisions
of the Convention" (emphasis added).
4.3 Rule 107, paragraph 1 (b), of the Committee's rules of procedure
provides: "... The communication should be submitted by the individual
himself or by his relatives or designated representatives or by others on
behalf of an alleged victim when it appears that the victim is unable to
submit the communication himself, and the author of the communication
justifies his acting on the victim's behalf".
4.4 The Committee has examined the author's arguments and the State
party's objections concerning the issue of standing for purposes of
admissibility. The Committee finds that at this stage, the author has not
submitted sufficient proof to establish his authority to act on behalf of
the victim.
5. The Committee therefore decides:
(a) That the communication is inadmissible;
(b) That the Committee may receive and consider a new communication on
this matter submitted by any author, provided that his standing to act on
behalf of the alleged victim is properly established;
(c) That the State party should be again requested, as expressed in the
Committee's decision of 21 April 1994, to ensure that no harm is done to
the author's family, the alleged victim's family or the witnesses and their
families;
(d) That this decision shall be communicated to the author and to the
State party.
[Done in English, French, Russian and Spanish, the English text being the
original version.]
Communication No. 22/1995
Submitted by: M. A. [name deleted] [represented by counsel]
Alleged victim: The author
State party: Canada
Date of communication: 14 December 1994
The Committee against Torture, established under article 17 of the
Convention against Torture and Other Cruel, Inhuman or Degrading Treatment
or Punishment,
Meeting on 3 May 1995,
Adopts the following:
Decision on admissibility
1. The author of the communication is M. A., an Iranian citizen, currently
in detention in Canada, who claims to be a victim of a violation by Canada
of article 3 of the Convention against Torture.
2. The author arrived in Canada on 14 October 1991, and was granted
refugee status on 24 May 1992. However, following indications that he was
actively working for the Iranian secret service, he was declared a threat
to Canadian security and no longer has a right to remain in the country.
3. The author is in the process of challenging the decision by way of a
reasonableness hearing before a judge of the Federal Court. He is also
challenging the relevant legislation before the Constitutional Court of
Canada.
4. Article 22, paragraph 5 (b), of the Convention precludes the Committee
from considering any communication from an individual, unless it has
ascertained that the individual has exhausted all available domestic
remedies; this rule does not apply if it is established that the
application of domestic remedies has been or would be unreasonable
prolonged or would be unlikely to bring effective relief. In the present
case, the author has invoked this exception, arguing that the chances of
success are almost non-existent, in view of the prior jurisprudence by the
Courts and the process governing the reasonableness hearing. However, in
the circumstances of the instant case, the Committee considers that the
author has not shown the existence of special circumstances which should
absolve him from exhausting domestic remedies. In this connection the
Committee observes that, in principle, it is not within the scope of the
Committee's competence to evaluate the prospects of success of domestic
remedies, but only whether they are proper remedies for the determination
of the author's claims.
5. The Committee against Torture therefore decides:
(a) That the communication is inadmissible;
(b) That this decision shall be communicated to the author and, for
information, to the State party.
[Done in English, French, Russian and Spanish, the English text being the
original version.]
Communication No. 24/1995
Submitted by: A. E. [name deleted] [represented by counsel]
Alleged victim: The author
State party: Switzerland
Date of communication: 20 February 1995
The Committee against Torture, established under article 17 of the
Convention against Torture and Other Cruel, Inhuman or Degrading Treatment
or Punishment,
Meeting on 2 May 1995,
Adopts the following:
Decision on admissibility
1. The author of the communication is a Nigerian citizen, born in 1972,
who entered Switzerland from Italy in 1994, and who has been ordered to
leave the country following the dismissal of his application for refugee
status. The author claims that his return to Nigeria would make him a
victim of a violation of article 3 of the Convention against Torture by
Switzerland.
2. Before considering any claims contained in a communication, the
Committee against Torture must decide whether or not it is admissible under
article 22 of the Convention.
3. The author's request for recognition as a refugee was refused on 20 May
1994. His appeal against this decision was dismissed on 5 October 1994. On
8 December 1994, the author requested review of the decision on the basis
of new documentary evidence, but declined to pursue the remedy because he
found the costs too high and doubted that he would be successful.
4. Article 22, paragraph 5 (b), of the Convention precludes the Committee
from considering any communication from an individual, unless it has
ascertained that the individual has exhausted all available domestic
remedies; this rule does not apply if it is established that the
application of domestic remedies has been or would be unreasonably
prolonged or would be unlikely to bring effective relief. In the
circumstances of this case, the Committee finds that the State party should
have an opportunity to evaluate the new evidence before the communication
is submitted for examination under article 22 of the Convention. Moreover,
on the basis of the information available, the Committee cannot conclude
that the fee required prevented the author from exhausting the remedy or
that the review would be a priori ineffective.
5. The Committee therefore decides:
(a) That the communication is inadmissible;
(b) That this decision shall be communicated to the author and, for
information, to the State party.
[Done in English, French, Russian and Spanish, the English text being the
original version.]
ANNEX VI
Amended rules of procedure
The text of rules 106 and 108, amended by the Committee during its
thirteenth session, reads as follows:
"Establishment of a working group and designation
of special rapporteurs
Rule 106
1. The Committee may, in accordance with rule 61, set up a working group
to meet shortly before its sessions, or at any other convenient time to be
decided by the Committee in consultation with the Secretary-General, for
the purpose of making recommendations to the Committee regarding the
fulfilment of the conditions of admissibility of communications laid down
in article 22 of the Convention and assisting the Committee in any manner
which the Committee may decide.
2. The working group shall not comprise more than five members of the
Committee. The working group shall elect its own officers, develop its own
working methods and apply as far as possible the rules of procedure of the
Committee to its meetings.
3. The Committee may designate special rapporteurs from among its members
to assist in the handling of communications."
"Additional information, clarifications and observations
Rule 108
1. The Committee or the working group established under rule 106 or a
special rapporteur designated under rule 106, paragraph 3, may request,
through the Secretary-General, the State party concerned or the author of
the communication to submit additional written information, clarifications
of observations relevant to the question of admissibility of the
communication.
2. Requests referred to in paragraph 1 of this rule which are addressed to
the State party shall be accompanied by the text of the communication.
3. A communication may not be declared admissible unless the State party
concerned has received the text of the communication and has been given an
opportunity to furnish information or observations as provided in paragraph
1 of this rule, including information relating to the exhaustion of
domestic remedies.
4. The Committee or the working group may adopt a questionnaire for
requesting such additional information or clarifications.
5. The Committee or the working group or a special rapporteur designated
under rule 106, paragraph 3, shall indicate a time-limit for the submission
of such additional information or clarification with a view to avoiding
undue delay.
6. If the time-limit is not respected by the State party concerned or the
author of a communication, the Committee or the working group may decide to
consider the admissibility of the communication in the light of available
information.
7. If the State party concerned disputes the contention of the author of a
communication that all available domestic remedies have been exhausted, the
State party is required to give details of the effective remedies available
to the alleged victims in the particular circumstances of the case and in
accordance with the provisions of article 22, paragraph 5 (b), of the
Convention.
8. Within such time-limit as indicated by the Committee or the working
group or a special rapporteur designated under rule 106, paragraph 3, the
State party or the author of a communication may be afforded an opportunity
to comment on any submission received from the other party pursuant to a
request made under the present rule. Non-receipt of such comments within
the established time-limit should, as a rule, not delay the consideration
of the admissibility of the communication.
9. In the course of the consideration of the question of the admissibility
of a communication, the Committee or the working group or a special
rapporteur designated under rule 106, paragraph 3, may request the State
party to take steps to avoid possible irreparable damage to the person or
persons who claim to be victim(s) of the alleged violation. Such a request
addressed to the State party does not imply that any decision has been
reached on the question of the admissibility of the communication."
95-22291 (E) 310895--*9522291*ANNEX VII
List of documents for general distribution issued for the
Committee during the reporting period
A. Thirteenth session
Symbol Title
CAT/C/7/Add.16 Initial report of Peru
CAT/C/12/Add.4 Initial report of Liechtenstein
CAT/C/20/Add.3 Second period report of Chile
CAT/C/21/Add.1 Initial report of Monaco
CAT/C/21/Add.2 Initial report of Czech Republic
CAT/C/24/Add.1 Initial report of Mauritius
CAT/C/24/Add.2 Initial report of Morocco
CAT/C/25/Add.1 Second periodic report of the Netherlands
CAT/C/25/Add.2 Second periodic report of the Netherlands: Antilles
CAT/C/25/Add.3 Second periodic report of the Libyan Arab Jamahiriya
CAT/C/25/Add.4 Second periodic report of Italy
CAT/C/27 Provisional agenda and annotations
CAT/C/SR.190-207 Summary records of the thirteenth session of the
Committee
B. Fourteenth session
CAT/C/12/Add.5 Initial report of Guatemala
CAT/C/16/Add.5 Initial report of Jordan
CAT/C/24/Add.3 Initial report of Mauritius
CAT/C/25/Add.5 Second periodic report of the Netherlands: Aruba
CAT/C/28Note by the Secretary-General listing initial reports due in 1995
CAT/C/29Note by the Secretary-General listing second periodic reports due
in 1995
CAT/C/30Provisional agenda and annotations
CAT/C/SR.208-226 Summary records of the fourteenth session of the
Committee