A[DU1]/57/44
United Nations
Report of the Committee
against Torture
Twentyseventh session
(1223 November 2001)
Twentyeighth session
(29 April17 May 2002)
General Assembly
Official Records
Fiftyseventh session
Supplement No. 44 (A/57/44)
General Assembly
Official Records
Fiftyseventh session
Supplement No. 44 (A/57/44)
Report of the Committee against Torture
Twentyseventh session
(1223 November 2001)
Twentyeighth session
(29 April17 May 2002)
United Nations ● New York, 2002
- 1 -
Note:
Symbols of United Nations documents are composed of capital letters combined with figures. Mention of such a symbol indicates a reference to a United Nations document.
ISSN 1020170X
CONTENTS
ParagraphsPage
I.ORGANIZATIONAL AND OTHER MATTERS ...... 1 19 8
A.States parties to the Convention ...... 1 3 8
B.Sessions of the Committee ...... 4 8
C.Elections, membership and attendance at sessions ..... 5 6 8
D.Solemn declaration by the newly elected member ..... 7 9
E.Election of officers ...... 8 9
F.Agendas ...... 9 10 9
G.Working group ...... 11 12 10
H.Cooperation between the Committee and the
Special Rapporteur on torture of the Commission
on Human Rights ...... 13 10
I.Participation of Committee members in other meetings . 14 11
J.Amendments to the rules of procedure and methods
of work ...... 15 16 11
K.Statement of the Committee in connection with the
events of 11 September 2001 ...... 17 18 12
L.Joint declaration on the occasion of the United Nations
International Day in Support of Victims of Torture,
26 June 2002 ...... 19 13
II.SUBMISSION OF REPORTS BY STATES PARTIES
UNDER ARTICLE 19 OF THE CONVENTION ...... 20 23 13
III.CONSIDERATION OF REPORTS SUBMITTED BY STATES
PARTIES UNDER ARTICLE 19 OF THE CONVENTION ... 24 116 18
Benin ...... 30 35 19
Indonesia ...... 36 46 22
Israel ...... 47 53 27
Ukraine ...... 54 58 31
Zambia ...... 59 67 34
CONTENTS (continued)
ParagraphsPage
Denmark ...... 68 74 37
Luxembourg ...... 75 80 39
Norway ...... 81 86 40
Russian Federation ...... 87 96 42
Saudi Arabia ...... 97 101 48
Sweden ...... 102 110 51
Uzbekistan ...... 111 116 54
IV.ACTIVITIES OF THE COMMITTEE UNDER ARTICLE 20
OF THE CONVENTION ...... 117 195 58
A.General information ...... 117 122 58
B.Summary account of the results of the proceedings
concerning the inquiry on Sri Lanka ...... 123 195 59
V.CONSIDERATION OF COMPLAINTS UNDER ARTICLE 22
OF THE CONVENTION ...... 196 214 71
A.New methods of work ...... 203 73
B.Interim measures of protection ...... 204 205 73
C.Progress of work ...... 206 214 73
VI.OPINION OF THE UNITED NATIONS LEGAL COUNSEL
CONCERNING THE APPLICABILITY OF THE
CONVENTION IN THE OCCUPIED PALESTINIAN
TERRITORY ...... 215 75
VII.DISCUSSION ON THE SITUATION IN THE OCCUPIED
PALESTINIAN TERRITORY IN THE LIGHT OF THE
CONVENTION ...... 216 75
VIII.ADOPTION OF THE ANNUAL REPORT OF THE
COMMITTEE ...... 217 75
CONTENTS (continued)
Page
Annexes
I.States which have signed, ratified or acceded to the Convention
against Torture and Other Cruel, Inhuman or Degrading
Treatment or Punishment, as at 17 May 2002 ...... 76
II.States parties that have declared, at the time of ratification or
accession, that they do not recognize the competence of the
Committee provided for by article 20 of the Convention, as at
17 May 2002 ...... 81
III.States parties that have made the declarations provided for in
articles 21 and 22 of the Convention, as at 17 May 2002 ...... 82
IV.Membership of the Committee against Torture in 2002 ...... 84
V.Status of submission of reports by States parties under article 19
of the Convention, as at 17 May 2002 ...... 85
VI.Country rapporteurs and alternate rapporteurs for the reports of
States parties considered by the Committee at its twentyseventh
and twentyeighth sessions...... 104
VII.Decisions of the Committee against Torture under article 22
of the Convention ...... 105
A.Decisions on merits
Complaint No. 111/1998: R.S. v. Austria...... 105
Complaint No. 138/1999: M.P.S. v. Australia...... 111
Complaint No. 146/1999: E.T.B. v. Denmark...... 117
Communication No. 154/2000: M.S. v. Australia...... 124
Communication No. 156/2000: M.S. v. Switzerland...... 130
Communication No. 162/2000: Y.H.A. v. Australia...... 137
Complaint No. 164/2002: L.M.T.D. v. Sweden...... 147
Communication No. 166/2000: B.S. v. Canada...... 153
Communication No. 175/2000: S.T. v. The Netherlands...... 159
Complaint No. 177/2001: H.M.H.I. v. Australia...... 166
CONTENTS (continued)
Page
Communication No. 178/2001: H.O. v. Sweden...... 174
Complaint No. 179/2001: B.M. v. Sweden...... 182
Complaint No. 180/2001: F.F.Z. v. Denmark...... 190
Complaint No. 185/2001: Chedli Ben Ahmed Karoui v. Sweden...... 198
B.Decisions on inadmissibility
Communication No. 170/2000: A.R. v. Sweden...... 206
Complaint No. 176/2000: Marcos Roitman Rosenman v. Spain...... 210
VIII.Terms of reference of the Rapporteur on new complaints and
interim measures ...... 219
IX.Terms of reference of the Rapporteur on followup of decisions on
complaints submitted under article 22 ...... 220
X.Amended rules of procedure ...... 221
XI.List of documents for general distribution issued for the
Committee during the reporting period ...... 233
I. ORGANIZATIONAL AND OTHER MATTERS
A. States parties to the Convention
- As at 17 May 2002, the closing date of the twentyeighth session of the Committee against Torture, there were 139 States parties to the Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment. The Convention was adopted by the GeneralAssembly in resolution 39/46 of 10 December 1984 and entered into force on 26June1987.
- Since the last report Ireland, Lesotho, Mongolia, Nigeria and Saint Vincent and the Grenadines have become parties to the Convention. Furthermore, Belarus withdrew its reservation regarding article 20 of the Convention. Azerbaijan, Mexico and Seychelles made the declaration under article 22, Uganda made the declaration under article 21 and CostaRica, Germany and Ireland did so under articles 21 and 22. The list of States which have signed, ratified or acceded to the Convention is contained in annex I to the present report. The States parties that have declared that they do not recognize the competence of the Committee provided for by article 20 of the Convention are listed in annex II. The States parties that have made declarations provided for in articles 21 and 22 of the Convention are listed in annex III.
- 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.5. Updated information in that regard may be found in the United Nations Human Rights web site ( Sample access Site index treaties).
B. Sessions of the Committee
- The Committee against Torture has held two sessions since the adoption of its last annual report. The twentyseventh session (485th to 502nd meetings) was held at the United Nations Office at Geneva from 12 to 23 November 2001, and the twentyeighth session (503rd to 528th) was held from 29 April to 17 May 2002. An account of the deliberations of the Committee at these two sessions is contained in the relevant summary records (CAT/C/SR.485528).
C. Elections, membership and attendance at sessions
- In accordance with article 17 of the Convention, the Eighth Meeting of States Parties to the Convention was held at the United Nations Office at Geneva on 28November2001. The following four members of the Committee were reelected for a term of four years beginning on1January2002: Mr.Sayed Kassem El Masry (Egypt), Mr.Ole Vedel Rasmussen (Denmark), Mr.Alexander M. Yakovlev (Russian Federation) and Mr.Yu Mengjia (China). Mr.FernandoMariño Menéndez (Spain) was elected for the same term.
- All the members attended the twentyseventh session except Mr.Antonio Silva Henriques Gaspar, whose term expired on 31 December 2001. All the members attended the twentyeighth session. Mr.Camara did not attend the meetings of the presessional working group of the twentyeighth session.
D. Solemn declaration by the newly elected member
- At the 503rd meeting, on 29 April 2002, Mr.Mariño Menéndez, newly elected member of the Committee, made the solemn declaration upon assuming his duties, in accordance with rule14 of the rules of procedure.
E. Election of officers
- At the 503rd meeting, on 29 April 2002, the Committee reelected the following officers for a term of two years, in accordance with article 18, paragraph 1, of the Convention and rules15 and 16 of the rules of procedure:
Chairman:Mr.Peter Burns
ViceChairmen:Mr.Guibril Camara
Mr.Alejandro González Poblete
Mr.Yu Mengjia
Rapporteur:Mr.Sayed Kassem El Masry
F. Agendas
- At its 485th meeting, on 12 November 2002, the Committee adopted the following items listed in the provisional agenda submitted by the SecretaryGeneral (CAT/C/63) as the agenda of its twentyseventh 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.
- At its 503rd meeting, on 29 April 2002, the Committee amended the provisional agenda submitted by the SecretaryGeneral (CAT/C/68) and decided to include the following items in the agenda of its twentyeighth session:
1.Opening of the session by the representative of the SecretaryGeneral.
2.Solemn declaration by the newly elected member of the Committee.
3.Election of the officers of the Committee.
4.Adoption of the agenda.
5.Organizational and other matters.
6.Submission of reports by States parties under article 19 of the Convention.
7.Consideration of reports submitted by States parties under article 19 of the
Convention.
8.Consideration of information under article 20 of the Convention.
9.Consideration of communications under article 22 of the Convention.
10.Action by the General Assembly at its fiftysixth session and the Commission
on Human Rights at its fiftyeighth session.
11.Annual report of the Committee on its activities.
12.The situation in the Occupied Palestinian Territory (OPT) in the light of the
Convention.
G. Working group
- At its twentyfifth session in November 2000, the Committee decided, in accordance with rules 61 and 106 of its rules of procedure, to establish, starting with the 20022003 biennium, a working group composed of four of its members that would meet for a fiveday session during the week preceding each Committee session. The General Assembly, by resolution56/143 of 19 December 2001 entitled “Torture and other cruel, inhuman or degrading treatment or punishment”, approved that request.
- Prior to the twentyeighth session, the working group met from 22 to 26 April 2002
in order to consider communications under article 22 of the Convention and make recommendations to the Committee. The working group was composed of Mr.Burns, Mr.Camara, Mr.González Poblete and Mr.Yakovlev.
H.Cooperation between the Committee and the Special Rapporteur
on torture of the Commission on Human Rights
- A meeting was held on 15 May 2002 between the Committee and the newly appointed Special Rapporteur on torture of the Commission on Human Rights, Mr.Theodor van Boven. The Committee and the Special Rapporteur exchanged views on their respective mandates and activities. They agreed to continue exchanging information and to enhance their cooperation and coordination, especially with respect to: (a) countries visited by the Special Rapporteur or under
the inquiry procedure of the Committee (article 20 of the Convention); and (b)individual cases that may in principle be dealt with both by the Committee and the Special Rapporteur under their respective mandates.
I. Participation of Committee members in other meetings
- A number of members informed the Committee about their participation in various meetings during the period under consideration. Thus, Mr.Rasmussen briefed the Committee about his participation in the meeting organized by the United Nations Population Fund (UNFPA) and the Office of the High Commissioner for Human Rights on the Application of Human Rights to Reproductive and Sexual Health from 25 to 27 June 2001 and in the public hearing on Instruments and Measures to Combat Torture organized by the Committee on Human Rights and Humanitarian Aid of the German Parliament on 17 October 2001. Mr.Burns provided information on the outcome of the thirteenth meeting of persons chairing the human rights treaty bodies, held at the United Nations Office at Geneva from 18 to 22 June 2001. Mr.Burns, Ms. Gaer and Mr.Mavrommatis informed the Committee about their participation at the World Conference against Racism, Racial Discrimination, Xenophobia and Related Intolerance, held in Durban, South Africa, from 31 August to 7 September 2001. Mr.Mavrommatis reported on his participation at the tenth session of the openended working group of the Commission on Human Rights on a draft optional protocol to the Convention against Torture, held from 14 to 25 January 2002.
J. Amendments to the rules of procedure and methods of work
- During its twenty-eighth session the Committee revised its rules of procedure. Amendments weremade to rules 12 (beginning of term of office for Committee members), 16 (term of officefor officers), 61 (establishment of subsidiary bodies), 64 (submission of reports), 65 (nonsubmission of reports), 66 (attendance by States parties at examination of reports) and 68 (conclusions and recommendations by the Committee). Amendments were also made regarding the procedure for the consideration of complaints received under article 22 of the Convention (rules 96 to 115), as specified in chapter V of the present report. The text of the amended rules is contained in annex X.
- As a result of the amendments, the Committee decided, inter alia, to establish a mechanism to deal with non-reporting States and States that report but fail to send representatives to the Committee’s meetings. Furthermore, the amendment to rule 68 concerned the appointment of rapporteurs for follow-up to conclusions and recommendations on State party reports. The Committee decided that these rapporteurs would seek information as to a State party’s implementation of and compliance with the Committee’s conclusions and recommendations upon the former’s initial, periodic or other reports, and/or would urge theStateparty to take appropriate measures to that end. The rapporteurs would report to the Committee on the activities they have undertaken pursuant to this mandate. Ms. Gaer and Mr.González Poblete (alternate) were subsequently designated as rapporteurs on follow-up on conclusions and recommendations on State party reports.
K. Statement of the Committee in connection with the events of 11 September 2001
- At its 501st meeting, on 22 November 2001, the Committee adopted the following statement:
“By letter dated 11 October 2001, the United Nations High Commissioner for Human Rights solicited the views of the Committee against Torture on the matter of ensuring that the human rights covered by its mandate are maintained with a high visibility in the light of various State responses to the events of 11 September 2001.
“It is in the spirit of this request that the Committee against Torture decided to communicate directly to the States parties to the Convention against Torture the following statement:
‘The Committee against Torture condemns utterly the terrorist attacks of11 September and expresses its profound condolences to the victims, who were nationals of some 80 countries, including many States parties to the Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment. The Committee is mindful of the terrible threat to international peace and security posed by these acts of international terrorism, as affirmed inSecurity Council resolution 1368 (2001) of 12 September 2001. The Committee also notes that the Security Council in resolution 1373 (2001) of28September 2001 identified the need to combat by all means, in accordance with the Charter of the United Nations, the threats caused by terrorist acts.
‘The Committee against Torture reminds States parties to the Convention of the non-derogable nature of most of the obligations undertaken by them in ratifying the Convention.
‘The obligations contained in articles 2 (whereby “no exceptional circumstances whatsoever … may be invoked as a justification of torture”), 15 (prohibiting confessions extorted by torture being admitted in evidence, except against the torturer), and 16 (prohibiting cruel, inhuman or degrading treatment or punishment) are three such provisions and must be observed in all circumstances.
‘The Committee against Torture is confident that whatever responses to the threat of international terrorism are adopted by States parties, such responses will be in conformity with the obligations undertaken by them in ratifying the Convention against Torture.’”
- A copy of this statement was sent to each State party to the Convention.
L. Joint declaration on the occasion of the United Nations International Day
in Support of Victims of Torture, 26 June 2002
- In view of the importance attached by the Committee to the adoption of an optional protocol to the Convention establishing an international system of preventive visits to places of detention, the Committee decided to sign a joint declaration, in the context of the International Day, that would focus on that issue. The text of the declaration is as follows:
“The Committee against Torture, the Special Rapporteur of the Commission on Human Rights on the question of torture, the Board of Trustees of the United Nations Voluntary Fund for Victims of Torture and the United Nations High Commissioner forHuman Rights welcome the decision of the Commission on Human Rights at its fiftyeighth session to adopt, and recommend to the Economic and Social Council, the text of the optional protocol to the Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment. That decision was the result of a decade-long process of consultation and negotiation.
“The optional protocol is designed to assist States parties in implementing their obligation under the Convention to prevent torture by providing for the establishment of effective international and national mechanisms for visiting places where persons are or may be deprived of their liberty. Visits to such places by independent multidisciplinary teams of experts have proved to be a very effective way to prevent treatment of detainees that violates international standards. Both the protective and preventive roles of such mechanisms should be stressed.
“On the occasion of the United Nations International Day in Support of Victims of Torture, we call upon the States Members of the United Nations at the Economic and Social Council and the General Assembly to give the matter of an effective protocol to the Convention their earnest and immediate attention, and to move towards the final adoption of this instrument.
“We also pay tribute to and continue to support those States and organizations of civil society that are committed to ending the practice of torture and are engaged in activities aimed at preventing it and securing redress for its victims.”
II. SUBMISSION OF REPORTS BY STATES PARTIES UNDER
ARTICLE 19 OF THE CONVENTION
- During the period covered by the present report, initial or periodic reports were submitted to the Secretary-General. Initial reports were submitted by Estonia (CAT/C/16/Add.9), Belgium (CAT/C/52/Add.2) and The Republic of Moldova (CAT/C/32/Add.4). Second reports were submitted by Slovenia (CAT/C/43/Add.4), Azerbaijan (CAT/C/59/Add.1), Iceland (CAT/C/59/Add.2) and Turkey (CAT/C/20/Add.8). Third reports were received from Cyprus (CAT/C/54/Add.2), Croatia (CAT/C/54/Add.3), Colombia (CAT/C/39/Add.4), New Zealand (CAT/C/49/Add.3), the Czech Republic (CAT/C/60/Add.1) and Chile (CAT/C/39/Add.5). Greece submitted its fourth report (CAT/C/61/Add.1).
- In addition, the Committee at its twenty-seventh and twenty-eighth sessions was informed by the secretariat about the situation of overdue reports. As at 17 May 2002, the situation was as follows:
State party / Date on which the report was due
Initial reports
Uganda / 25 June 1988
Togo / 17 December 1988
Guyana / 17 June 1989
Guinea / 8 November 1990
Somalia / 22 February 1991
Yemen / 4 December 1992
Bosnia and Herzegovina / 5 March 1993
Latvia / 13 May 1993
Seychelles / 3 June 1993
Cape Verde / 3 July 1993
Cambodia / 13 November 1993
Burundi / 19 March 1994
Antigua and Barbuda / 17 August 1994
Ethiopia / 12 April 1995
Albania / 9 June 1995
Chad / 9 July 1995
Tajikistan / 9 February 1996
Côte d’Ivoire / 16 January 1997
Lithuania / 1 March 1997