A/60/44
UnitedNations
Report of the Committee
against Torture
Thirty-third session
(16-26 November 2004)
Thirty-fourth session
(2-20 May 2005)
GeneralAssembly
Official Records
Sixtieth session
Supplement No. 44 (A/60/44)
A/60/44
GeneralAssembly
Official Records
Sixtieth session
Supplement No. 44 (A/60/44)
Report of the Committee against Torture
Thirty-third session
(16-26 November 2004)
Thirty-fourth session
(2-20 May 2005)
United Nations New York, 2005
NOTE
Symbols of UnitedNations documents are composed of capital letters combined with figures. Mention of such a symbol indicates a reference to a UnitedNations document.
CONTENTS
ChapterParagraphsPage
I.ORGANIZATIONAL AND OTHER MATTERS ...... 1 - 131
A.States parties to the Convention ...... 1 - 31
B.Sessions of the Committee ...... 4 1
C.Membership and attendance at sessions ...... 5 1
D.Solemn declaration by the newly elected member ...... 6 1
E.Election of officers...... 7 1
F.Agendas...... 8 - 92
G.Pre-sessional working group ...... 10 2
H. Participation of Committee members in other
meetings...... 11 2
I.General comments ...... 12 2
J.Joint statement on the occasion of the United Nations
International Day in Support of Victims of Torture ..... 13 2
II.SUBMISSION OF REPORTS BY STATES PARTIES
UNDER ARTICLE 19 OF THE CONVENTION ...... 14 - 224
III.CONSIDERATION OF REPORTS BY STATES PARTIES
UNDER ARTICLE 19 OF THE CONVENTION ...... 23 - 11411
Argentina ...... 29 - 3512
United Kingdom of Great Britain and Northern Ireland,
Crown Dependencies and Overseas Territories ...... 36 - 4216
Greece ...... 43 - 5320
Canada ...... 54 - 6025
Switzerland ...... 61 - 6828
GE.05-44217 (E) 181005
CONTENTS (continued)
ChapterParagraphsPage
III.(cont’d)
Finland ...... 69 - 7632
Albania ...... 77 - 8734
Uganda...... 88 - 10239
Bahrain ...... 103 - 11444
IV.FOLLOW-UP ON RECOMMENDATIONS AND
OBSERVATIONS ON STATES PARTIES
REPORTS...... 115 - 12049
V.ACTIVITIES OF THE COMMITTEE UNDER
ARTICLE 20 OF THE CONVENTION ...... 121 - 12551
VI.CONSIDERATION OF COMPLAINTS UNDER
ARTICLE 22 OF THE CONVENTION ...... 126 - 15552
A.Pre-sessional working group ...... 132 53
B.Interim measures of protection ...... 133 - 13553
C.Progress of work ...... 136 - 14954
D.Follow-up activities ...... 150 - 15556
VII.FUTURE MEETINGS OF THE COMMITTEE ...... 156 - 15880
VIII.ADOPTION OF THE ANNUAL REPORT OF THE
COMMITTEE ON ITS ACTIVITIES ...... 159 81
CONTENTS (continued)
AnnexesPage
I.States that have signed, ratified or acceded to the Convention
against Torture and Other Cruel, Inhuman or Degrading
Treatment or Punishment, as at 20 May 2005 ...... 82
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 20 May 2005 ...... 87
III.States parties that have made the declarations provided for
in articles 21 and 22 of the Convention, as at 20 May 2005 ...... 88
IV.Membership of the Committee against Torture in 2005 ...... 90
V.Country rapporteurs and alternate rapporteurs for the reports
of States parties considered by the Committee at its
thirty-third and thirty-fourth sessions ...... 91
VI.Programme budget implications in accordance with rule 25 of the
rules of procedure of the Committee against Torture
(additional meeting time) ...... 92
VII.Guidelines on initial reports ...... 93
VIII.Decisions of the Committee against Torture under article 22 of
the Convention ...... 103
A.Decisions on merits
Communication No. 133/1999: Enrique Falcon Rios v. Canada ...... 103
Communication No. 171/2000: Jovica Dimitrov v. Serbia
and Montenegro...... 112
Communication No. 194/2001: I.S.D. v. France...... 118
Communication No. 195/2002: Mafhoud Brada v. France ...... 127
Communication No. 207/2002: Dragan Dimitrijevic v. Serbia
and Montenegro ...... 142
Communication No. 212/2002: Kepa Urra Guridi v. Spain ...... 147
CONTENTS (continued)
Annexes Page
VIII.(cont’d)
A.Decisions on merits (cont’d)
Communication No. 220/2002: R.D. v. Sweden ...... 153
Communication No. 221/2002: M.M.K. v. Sweden ...... 162
Communication No. 222/2002: Z.E. v. Switzerland ...... 172
Communication No. 223/2002: S.U.A. v. Sweden ...... 180
Communication No. 226/2003: T.A. v. Sweden ...... 188
Communication No. 233/2003: Ahmed Hussein Mustafa
Kamil Agiza v. Sweden ...... 197
B.Decisions on admissibility
Communication No. 163/2000: H.A.S.V. and F.O.C. v. Canada ...... 233
Communication No. 211/2002: P.A.C. v. Australia ...... 239
Communication No. 218/2002: L.J.R.C. v. Sweden ...... 246
1
I. ORGANIZATIONAL AND OTHER MATTERS
A. States parties to the Convention
1.As at 20 May 2005, the closing date of the thirty-fourth 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 on26June1987.
2.Since the last report, Timor-Leste, Liberia, Mauritania and the Syrian Arab Republic have become parties to the Convention. The list of States which have signed, ratified or acceded to the Convention is contained in annex I to the present report. States parties have declared that they do not recognize the competence of the Committee provided for by article 20 of the Convention (annex II). The States parties that have made declarations provided for in articles 21 and 22 of the Convention are listed in annex III.
3.The text of the declarations, reservations or objections made by States parties withrespect to the Convention may be found in the United Nations website ( treaties).
B. Sessions of the Committee
4.The Committee against Torture has held two sessions since the adoption of its last annual report. The thirty-third session (620th to 638th meetings) was held at the UnitedNations Office at Geneva from 15 to 26 November 2004, and the thirty-fourth session (639th to 668th meetings) was held from 2 to 20 May 2005. An account of the deliberations of the Committee at these two sessions is contained in the relevant summary records (CAT/C/SR.620-668).
C. Membership and attendance at sessions
5.The membership of the Committee remained the same during the period covered by the present report with the exception of Mr. Yu Mengjia who resigned in November 2004. The Government of China proposed Mr. Xuexian Wang to replace Mr. Yu Mengjia for the remainder of his term (31 December 2005) in accordance with article 17, paragraph 6, of the Convention and article 13 of the Committee’s rules of procedure. Mr. Xuexian Wang assumed his duties on the first day of the thirty-fourth session. The list of members, with their terms of office, appears in annex IV to the present report.
D. Solemn declaration by the newly appointed member
6.At the 639th meeting on 2 May 2005, Mr. Xuexian Wang, designated to replace Mr.YuMengjia, made the solemn declaration upon assuming his duties, in accordance with rule14 of the rules of procedure.
E. Election of officers
7.At the thirty-fourth session, on 2 May 2005, the Committee elected Mr. Xuexian Wang as Vice-Chairperson to serve the remainder of Mr. Yu’s term until 31 December 2005.
F. Agendas
8.At its 639thmeeting, on 15November2004, the Committee adopted the following items listed in the provisional agenda submitted by the Secretary-General (CAT/C/82) as the agenda of its thirty-third session.
9.At its 620th meeting, on 2 May 2005, the Committee adopted the following items listed in the provisional agenda submitted by the Secretary-General (CAT/C/84) as the agenda of its thirtyfourth session.
G. Pre-sessional working group
10.During the period under review, the working group was composed of Mr. El-Masry, Mr.Prado Vallejo, Mr. Yakovlev and Mr. Yu Mengjia, this last only for the November 2004 session. The group met from 6 to 10 November 2004, prior to the thirty-third session, and from25 to 28 April 2005, prior to the thirty-fourth session. Its agenda was devoted to the consideration of communications under article 22 of the Convention. The group reviewed the information brought to its attention and made recommendations to the Committee.
H. Participation of Committee members in other meetings
11.During the period under consideration Mr. Fernando Mariño Menendez participated inthe 16th meeting of Chairpersons of the human rights treaty bodies, held from 23to25June2004. Mr. Sayed El-Masry, Mr. Fernando Mariño Menendez and Mr.OleRasmussen participated in the third inter-committee meeting of the human rights treatybodies, which took place from 21 to 22 June 2004.
I. General comments
12.At its thirty-third session, the Committee decided to appoint a working group to continue work on the draft general comment on article 2 of the Convention. The working group is composed of Mr. Gubril Camara, Ms. Felice Gaer, Mr. Grossman with Mr. Fernando Mariño Menéndez as rapporteur.
J.Joint statement on the occasion of the United NationsInternational Day in Support of the Victims of Torture
13.The Committee entrusted one of its members, Ms. Felice Gaer, to prepare the following joint statement to be issued on 26 June 2005, the International Day in Support of the Victims of Torture:
“Recognizing that the lives of individuals, their well-being and sense of security continue to be scarred by torture on a daily basis, and that torture is reported with growing frequency from all regions of the world, on the occasion of the United Nations International Day in Support of Victims of Torture, we, the United Nations 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 for Human Rights:
“Reaffirm concerns highlighted in our previous joint statements and reemphasize the absolute nature of the prohibition of torture, including the principle of nonrefoulement where there is a danger of an individual being subjected to torture and stress that no exceptional circumstances may be invoked as a justification for torture.
“Recall the obligations of States to take effective measures to prevent all acts of torture or cruel, inhuman or degrading treatment or punishment. Stress that the importance of prevention cannot be overemphasized, and call for the universal ratification of the Convention against Torture and its Optional Protocol. Urge the creation or strengthening of national preventive mechanisms which are mandated to undertake independent visits to places of deprivation of liberty, as required by the Protocol.
“Remind States parties to the Convention of the desirability of making the declaration under article 22 providing for individual communications.
“Recall the obligation of States to investigate and punish all acts of torture and cruel, inhuman and degrading treatment or punishment and strengthen efforts to fight impunity.
“Recognizing the ordeals of victims and survivors of torture, both those who have spoken out and those who have suffered in silence, urge States to give effect to their obligation under the Convention to ensure that “the victim of an act of torture obtains redress and has an enforceable right to fair and adequate compensation, including the means for as full rehabilitation as possible”. Recall that victims of torture have a right to sue for compensation, including civil compensation, which can be based upon universal jurisdiction. Urge the sixtiethsession of the United Nations General Assembly to adopt the Principles and Guidelines on the Right to Remedy and Reparation for Victims of Gross Violations of Human Rights.
“Acknowledge the achievements of the Special Rapporteur on Torture whose mandate was created 20 years ago and stress the importance of his work in preventing torture and protecting its potential victims. Urge all States to issue a standing invitation and extend cooperation to the Special Rapporteur.
“Recall that 10 years ago the Beijing World Conference on Women recognized that sexual violence and gender-based violence constitute torture where the State perpetrates such acts, consents or acquiesces to them. Highlight the need to raise awareness of such forms of violence, including domestic violence, and to strengthen measures to prohibit and prevent as well as investigate, prosecute and punish all such acts. Note that gender-based violence, including domestic violence, plays a particularly insidious role in teaching and perpetuating a culture of violence.
“Recognize the key role of non-governmental organizations in providing assistance to survivors of torture and call upon Governments, private and public entities and individuals to express their solidarity with victims of torture and members of their families by contributing generously to the United Nations Voluntary Fund for Victims of Torture.”
II.SUBMISSION OF REPORTS BY STATES PARTIES UNDERARTICLE 19 OF THE CONVENTION
14.During the period covered by the present report 20 reports were submitted to theSecretary-General. Initial reports were submitted by Bosnia and Herzegovina (CAT/C/21/Add.6), Democratic Republic of the Congo (CAT/C/37/Add.6), Togo (CAT/C/5/Add.33) and Qatar (CAT/C/58/Add.1). Second reports were submitted by the Republic of Korea (CAT/C/53/Add.2) and Benin (CAT/C/38/Add.3). Fourth reports weresubmitted by Australia (CAT/C/67/Add.7), Estonia (CAT/C/80/Add.1), Hungary (CAT/C/55/Add.10), Mexico (CAT/C/55/Add.12), Netherlands (CAT/C/67/Add.4), RussianFederation (CAT/C/55/Add.11), Peru (CAT/C/61/Add.2), Poland (CAT/C/67/Add.5) and Portugal (CAT/C/67/Add.6). Fifth reports were submitted by Canada (CAT/C/81/Add.3), Denmark (CAT/C/81/Add.2), Luxembourg (CAT/C/81/Add.3), Ukraine (CAT/C/81/Add.1) andNorway (CAT/C/81/Add.4).
15.The Committee has to date, 20 May 2005, received 180 reports.
16.As at 20 May 2005, the situation of overdue reports, a total of 190, was as follows:
State party / Date on which the report was dueInitial reports
Guyana / 17 June 1989Guinea / 8 November 1990
Somalia / 22 February 1991
Seychelles / 3 June 1993
Cape Verde / 3 July 1993
Burundi / 19 March 1994
Antigua and Barbuda / 17 August 1994
Ethiopia / 12 April 1995
Chad / 7 July 1996
Tajikistan / 9 February 1996
Côte d’Ivoire / 16 January 1997
Malawi / 10 July 1997
Honduras / 3 January 1998
Kenya / 22 March 1998
Bangladesh / 3 November 1999
Niger / 3 November 1999
Burkina Faso / 2 February 2000
Mali / 27 March 2000
Turkmenistan / 25 July 2000
Japan / 29 July 2000
Mozambique / 14 October 2000
Ghana / 6 October 2001
Botswana / 7 October 2001
Gabon / 7 October 2001
Lebanon / 3 November 2001
Sierra Leone / 24 May 2002
Nigeria / 27 July 2002
Saint Vincent and the Grenadines / 30 August 2002
Lesotho / 11 December 2002
Mongolia / 22 February 2003
Ireland / 10 May 2003
Holy See / 25 July 2003
Equatorial Guinea / 6 November 2003
Timor-Leste / 15 May 2004
Congo / 18 August 2004
Second periodic reports
Afghanistan / 25 June 1992Belize / 25 June 1992
Philippines / 25 June 1992
Uganda / 25 June 1992 [25 June 2008][*]
Togo / 17 December 1992
Guyana / 17 June 1993
Brazil / 27 October 1994
Guinea / 8 November 1994
Somalia / 22 February 1995
Romania / 16 January 1996
Serbia and Montenegro / 9 October 1996
Yemen / 4 December 1996
Jordan / 12 December 1996
Bosnia and Herzegovina / 5 March 1997
Latvia / 13 May 1997 [13 May 2005]*
Seychelles / 3 June 1997
Cape Verde / 3 July 1997
Cambodia / 13 November 1997
Burundi / 19 March 1998
Slovakia / 27 May 1998
Antigua and Barbuda / 17 August 1998
Costa Rica / 10 December 1998
Ethiopia / 12 April 1999
Albania / 9 June 1999 [9 June 2007]*
The former Yugoslav Republic
of Macedonia / 11 December 1999
Namibia / 27 December 1999
Tajikistan / 9 February 2000
Cuba / 15 June 2000
Chad / 8 July 2000
Republic of Moldova / 27 December 2000 [27 December 2007]*
Côte d’Ivoire / 16 January 2001
Democratic Republic of the Congo / 16 April 2001
El Salvador / 16 July 2001
Lithuania / 1 March 2001
Kuwait / 6 April 2001
Malawi / 10 July 2001
Slovenia / 14 August 2001
Honduras / 3 January 2002
Kenya / 22 March 2002
Kyrgyzstan / 4 September 2002
Saudi Arabia / 21 October 2002
Bahrain / 4 April 2003 [April 2007]*
Kazakhstan / 24 September 2003
Bangladesh / 3 November 2003
Niger / 3 November 2003
Zambia / 5 November 2003
Indonesia / 26 November 2003
South Africa / 8 January 2003
Burkina Faso / 2 February 2004
Mali / 27 March 2004
Bolivia / 11 May 2004
Turkmenistan / 24 July 2004
Belgium / 25 July 2004
Japan / 29 July 2004
Mozambique / 13 October 2004
Qatar / 9 February 2005
Third periodic reports
Afghanistan / 25 June 1996Belize / 25 June 1996
Philippines / 25 June 1996
Senegal / 25 June 1996
Uganda / 25 June 1996
Uruguay / 25 June 1996
Togo / 17 December 1996
Guyana / 17 June 1997
Turkey / 31 August 1997 [31 August 2005]*
Tunisia / 22 October 1997 [30 November 1999]*
Libyan Arab Jamahiriya / 14 June 1998
Algeria / 11 October 1998
Brazil / 27 October 1998
Guinea / 8 November 1998
Somalia / 22 February 1999
Malta / 12 October 1999 [30 November 2004]*
Liechtenstein / 1 December 1999
Romania / 16 January 2000
Nepal / 12 June 2000
Serbia and Montenegro / 9 October 2000
Yemen / 4 December 2000
Jordan / 12 December 2000
Malta / 31 December 2000
Bosnia and Herzegovina / 5 March 2001
Benin / 10 April 2001
Latvia / 13 May 2001
Seychelles / 3 June 2001
Cape Verde / 3 July 2001
Cambodia / 13 November 2001
Mauritius / 7 January 2002
Burundi / 19 March 2002
Slovakia / 27 May 2002
Antigua and Barbuda / 17 August 2002
Armenia / 12 October 2002
Costa Rica / 10 December 2002
Sri Lanka / 1 February 2003
Ethiopia / 12 April 2003
Albania / 9 June 2003
United States of America / 19 November 2003
The former Yugoslav Republic
of Macedonia / 11 December 2003
Namibia / 27 December 2003
Republic of Korea / 7 February 2004
Tajikistan / 9 February 2004
Cuba / 15 June 2004
Chad / 7 July 2004
Uzbekistan / 27 October 2004
Republic of Moldova / 27 December 2004
Côte d’Ivoire / 16 January 2005
Lithuania / 1 March 2005
Fourth periodic reports
Afghanistan / 25 June 2000Belarus / 25 June 2000
Belize / 25 June 2000
Bulgaria / 25 June 2000 [25 June 2008]*
Cameroon / 25 June 2000
France / 25 June 2000
Philippines / 25 June 2000
Senegal / 25 June 2000
Uganda / 25 June 2000
Uruguay / 25 June 2000
Austria / 27 August 2000
Panama / 22 September 2000
Togo / 17 December 2000
Colombia / 6 January 2001
Ecuador / 28 April 2001
Guyana / 17 June 2001
Turkey / 31 August 2001
Tunisia / 22 October 2001
Chile / 29 October 2001 [29 October 2005]
China / 2 November 2001
Libyan Arab Jamahiriya / 14 June 2002
Algeria / 11 October 2002
Brazil / 27 October 2002
Guinea / 8 November 2002
Somalia / 22 February 2003
Paraguay / 10 April 2003
Malta / 12 October 2003
Germany / 20 October 2003
Liechtenstein / 1 December 2003
Romania / 16 January 2004
Nepal / 12 June 2004
Cameroon / 25 June 2004
Cyprus / 16 August 2004
Venezuela / 20 August 2004
Serbia and Montenegro / 9 October 2004
Israel / 1 November 2004
Estonia / 19 November 2004
Yemen / 4 December 2004
Jordan / 12 December 2004
Monaco / 4 January 2005 [4 January 2009]*
Colombia / 6 January 2005
Fifth periodic reports
Afghanistan / 25 June 2004Belarus / 25 June 2004
Belize / 25 June 2004
Egypt / 25 June 2004
France / 25 June 2004
Hungary / 25 June 2004
Mexico / 25 June 2004
Philippines / 25 June 2004
Russian Federation / 25 June 2004
Senegal / 25 June 2004
Sweden / 25 June 2004
Switzerland / 25 June 2004 [25 June 2008]*
Uganda / 25 June 2004
Uruguay / 25 June 2004
Austria / 27 August 2004
Panama / 22 September 2004
Spain / 19 November 2004
Togo / 17 December 2004
Colombia / 6 January 2005
17.At the request of the Committee, two members, Mr. Mariño and Mr. Rasmussen, continued to maintain contacts with States parties whose initial reports were overdue by fiveyears or more, in order to encourage the submission of such reports.
18.The Committee was not able to consider the initial report of Togo which was scheduled for consideration during the thirty-fourth session due to the absence of a delegation from Togo. The reasons given by the State party for this absence was attributed to the great difficulties facing the country at the scheduled time, which did not allow the Government to appoint a delegation and make available the resources for such a delegation to travel.
19.Bearing in mind these circumstances and also the usefulness of considering the State party reports, in particular the initial ones, in the presence of a delegation from the State party, and in order to have a meaningful and constructive dialogue, the Committee decided to postpone consideration of the initial report of Togo, and to take it up at its thirty-sixth session in May2006.
20.On the other hand, the Committee expresses its deep concern with respect to the information it has received and which highlight the extensive human rights violations as well as the impunity of those accused of committing these.
21.The Committee wishes to remind the State party of its obligation to respect the absolute prohibition of torture and other cruel, inhuman and degrading treatment, to immediately investigate any allegation of violation, to initiate proceedings against those presumed responsible, to establish efficient mechanisms to provide reparations to the victims for the harm suffered.
22.The Committee expressed its hope that social peace will be fully re-established in Togo and consolidation of the rule of law and full respect to fundamental rights.
III.CONSIDERATION OF REPORTS SUBMITTED BY STATESPARTIES UNDER ARTICLE 19 OF THE CONVENTION
23.At its thirty-third and thirty-fourth sessions, the Committee considered reports submitted by19States parties, under article19, paragraph1, of the Convention. The following reports were before the Committee at its thirty-third session:
Argentina: fourth periodic reportCAT/C/55/Add.7
United Kingdom of Great Britain andCAT/C/67/Add.2
Northern Ireland: fourth periodic report
Greece: fourth periodic reportCAT/C/61/Add.1
24.The following reports were before the Committee at its thirty-fourth session:
Canada: fourth and fifth periodic reportsCAT/C/55/Add.8
CAT/C/81/Add.3
Switzerland: fourth periodic reportCAT/C/55/Add.9