| United Nations | A/51/426 |
General Assembly
Distr. GENERAL
27 September 1996
ORIGINAL:
ENGLISH
A/51/426
General Assembly
Fifty-first session
Item 110 (a)
HUMAN RIGHTS QUESTIONS: IMPLEMENTATION OF HUMAN RIGHTS INSTRUMENTS
Status of the Convention against Torture and Other Cruel,
Inhuman or Degrading Treatment or Punishment
Report of the Secretary-General
1. The General Assembly, by its resolution 39/46 of 10 December 1984,
adopted and opened for signature, ratification and accession the
Convention against Torture and Other Cruel, Inhuman or Degrading
Treatment or Punishment, contained in the annex to that resolution,
and called upon all Governments to consider signing and ratifying the
Convention as a matter of priority.
2. The Convention was opened for signature in New York on
4 February 1985. In accordance with article 27 thereof, the
Convention entered into force on 26 June 1987, on the thirtieth day
after the date of the deposit with the Secretary-General of the
twentieth instrument of ratification or accession.
3. In its resolution 49/177 of 23 December 1994, the General Assembly
commended the Committee against Torture for its excellent report 1/ in
its modified presentation and for the improvement in its working
methods; emphasized the importance of the strictest compliance by
States parties with their obligations under the Convention; and urged
all States parties to the Convention to notify the Secretary-General
of their acceptance of the amendments to articles 17 and 18 of the
Convention as soon as possible. 2/ Further, the Assembly welcomed the
attention that the Committee had given to the development of an
effective system of reporting on the implementation of the Convention
by States parties, and especially its revision of its general
guidelines for the submission of reports by States parties, as well as
its practice of formulating concluding observations after the
consideration of such reports. The Assembly welcomed also the
continuing close contacts and exchange of information, reports and
documents between the Committee against Torture and the Special
Rapporteur of the Commission on Human Rights on questions relating to
torture; requested the Secretary-General to ensure the provision of
appropriate staff and facilities for the effective performance of the
functions of the Committee; urged all States that had not yet done so to
become parties to the Convention as a matter of priority; invited all States
ratifying or acceding to the Convention and those States parties which
had not yet done so to make the declarations provided for in
articles 21 and 22 of the Convention and to consider the possibility
of withdrawing their reservations to article 20; and requested the
Secretary-General to submit to the General Assembly at its fifty-first
session a report on the status of the Convention.
4. The Commission on Human rights, at its fifty-second session,
adopted resolution 1996/33 A of 19 April 1996, in which it welcomed
the Committee's practice of carrying out inquiries into cases where
there were indications of the systematic practice of torture in States
parties; reminded all States that paragraph 60 of the Vienna
Declaration and Programme of Action read: "States should abrogate
legislation leading to impunity for those responsible for grave
violations of human rights such as torture and prosecute such
violations, thereby providing a firm basis for the rule of law";
emphasized the obligation of States parties under article 10 of the
Convention to ensure education and training for personnel who might be
involved in the custody, interrogation or treatment of any individual
subjected to any form of arrest, detention or imprisonment, and called
upon the High Commissioner for Human Rights, in conformity with his
mandate established in General Assembly resolution 48/141 of
20 December 1993, to provide, at the request of Governments, advisory
services in that regard, as well as technical assistance in the
development, production and distribution of appropriate teaching
material for the purpose.
5. As at 3 September 1996, the Convention had been ratified or
acceded to by 99 States. In addition, 13 States has signed the
Convention. The list of States that have signed, ratified or acceded
to the Convention, as well as the dates of their signature,
ratification or accession, is contained in the annex to the present
report.
6. As at the same date, 37 of the States parties to the Convention,
namely Algeria, Argentina, Australia, Austria, Bulgaria, Canada,
Croatia, Cyprus, Czech Republic, 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 Yugoslavia, had made the
declarations provided for in articles 21 and 22 of the Convention. In
addition, two States parties, namely the United Kingdom of Great
Britain and Northern Ireland and the United States of America, had
made the declaration provided for in article 21 only, thus bringing
the total number of declarations under that article to 39. Under
article 21, a State party to the Convention may declare at any time
that it recognizes the competence of the Committee against Torture to
receive and consider communications to the effect that a State party
claims that another State party is not fulfilling its obligations
under the Convention. Under article 22, a State party to the
Convention may declare at any time 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.
7. The provisions of articles 21 and 22 entered into force on
26 June 1987 in accordance with paragraph 2 of article 21 and
paragraph 8 of article 22.
8. The fifth meeting of the States parties to the Convention was
convened by the Secretary-General at the United Nations Office at
Geneva on 29 November 1995 to elect five members of the Committee
against Torture to replace those whose terms of office were due to
expire on 31 December 1995. In accordance with article 17 of the
Convention, five members of the Committee against Torture were elected
for a term of four years beginning 1 January 1996. Accordingly, the
membership of the Committee for 1996-1997 is as follows:
Mr. Peter Thomas Burns (Canada)
Mr. Guibril Camara (Senegal)
Mr. Alexis Dipanda Mouelle (Cameroon)
Mr. Alejandro Gonza'lez Poblete (Chile)
Ms. Julia Iliopoulos-Strangas (Greece)
Mr. Georghios M. Pikis (Cyprus)
Mr. Mukunda Regmi (Nepal)
Mr. Bent Sorensen (Denmark)
Mr. Alexander M. Yakovlev (Russian Federation)
Mr. Bostjan M. Zupancic (Slovenia)
9. The Committee against Torture held its thirteenth, fourteenth,
fifteenth and sixteenth sessions at the United Nations Office at
Geneva from 7 to 18 November 1994, from 24 April to 5 May 1995, from
13 to 24 November 1995 and from 30 April to 10 May 1996, respectively.
In accordance with article 24 of the Convention, the Committee
submitted its annual reports, 3/ covering its activities at the
sessions referred to above, to the States parties and to the General
Assembly at its fiftieth and fifty-first sessions.
Notes
1/ Official Records of the General Assembly, Forty-ninth
Session, Supplement No. 44 (A/49/44).
2/ Adopted by the Conference of States Parties to the Convention
on 9 September 1992 in accordance with article 29, paragraph 1, of the
Convention (CAT/SP/SR.4) and endorsed by the General Assembly in its
resolution 47/111 of 16 December 1992.
3/ Official Records of the General Assembly, Fiftieth Session,
Supplement No. 44 (A/50/44); ibid., Fifty-first Session, Supplement
No. 44 (A/51/44).
ANNEX
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 3 September 1996
-----------------------------------------------------------------------------
Date of receipt
of the instrument
of retification,
accession or
State Date of signature succession
-----------------------------------------------------------------------------
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 Sept. 1993 b/
Australia a/ 10 December 1985 8 August 1989
Austria a/ 14 March 1985 29 July 1987
Azerbaijan 16 August 1996 b/
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 Feb. 1993 b/
Cambodia 15 October 1992 b/
Cameroon 19 Dec. 1986 b/
Canada a/ 23 August 1985 24 June 1987
Cape Verde 4 June 1992 b/
Chad 9 June 1995 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
Co^te d'Ivoire 18 Dec. 1995 b/
Croatia a/ 8 October 1991 c/
Cuba 27 January 1986 17 May 1995
Cyprus a/ 9 October 1985 18 July 1991
Czech Republic a/ 1 January 1993 c/
Denmark a/ 4 February 1985 27 May 1987
Dominican Republic 4 February 1985
Ecuador a/ 4 February 1985 30 March 1988
Egypt 25 June 1986 b/
El Salvador 17 June 1996 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 Nov. 1991 b/
Kuwait 8 March 1996 b/
Latvia 14 April 1992 b/
Libyan Arab Jamahiriya 16 May 1989 b/
Liechtenstein a/ 27 June 1985 2 November 1990
Lithuania 1 February 1996 b/
Luxembourg a/ 22 February 1985 29 September 1987
Malawi 11 June 1996 b/
Malta a/ 13 Sept. 1990 b/
Mauritius 9 December 1992 b/
Mexico 18 March 1985 23 January 1986
Monaco a/ 6 December 1991 b/
Morocco 8 January 1986 21 June 1993
Namibia 28 Nov. 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
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/
Republic of Moldova 28 Nov. 1995 b/
Romania 18 Dec. 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 Dec. 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
Uzbekistan 28 Sept. 1995 b/
Venezuela a/ 15 February 1985 29 July 1991
Yemen 5 November 1991 b/
Yugoslavia a/ 18 April 1989 10 September 1991
Zaire 18 March 1996 b/
Notes
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.
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