Report of the Committee against Torture




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A/67/44



United Nations

Report of the Committee
against Torture


Forty-seventh session
(31 October–25 November 2011)


Forty-eighth session
(7 May–1 June 2012)


General Assembly

Official Records

Sixty-seventh session

Supplement No. 44 (A/67/44)

A/67/44

General Assembly

Official Records

Sixty-seventh session

Supplement No. 44 (A/67/44)

Report of the Committee against Torture

Forty-seventh session
(31 October–25 November 2011)


Forty-eighth session
(7 May–1 June 2012)


United Nations • New York, 2012

Note

Symbols of United Nations documents are composed of letters combined with figures. Mention of such a symbol indicates a reference to a United Nations document.


Contents

Chapter Paragraphs Page

I. Organizational and other matters 1–29 1

A. States parties to the Convention 1–3 1

B. Sessions of the Committee 4 1

C. Membership and attendance at sessions 5 1

D. Solemn declaration by the newly elected members 6 1

E. Election of officers 7 1

F. Agendas 8–9 2

G. Participation of Committee members in other meetings 10–11 2

H. Oral report of the Chairperson to the General Assembly 12 4

I. Activities of the Committee in connection with the Optional Protocol
to the Convention 13–14 4

J. Joint statement on the occasion of the United Nations International Day
in Support of Victims of Torture 15 4

K. Informal meeting with the States parties to the Convention 16 4

L. Participation of non-governmental organizations 17–18 5

M. Participation of national human rights institutions 19 5

N. General comment on article 14 of the Convention 20–21 5

O. Reporting guidelines 22 5

P. Decision of the Committee to request approval from the General Assembly
for additional meeting time in 2013 and 2014 23–29 6

II. Submission of reports by States parties under article 19 of the Convention 30–43 7

A. Invitation to submit periodic reports 32–33 7

B. Optional reporting procedure 34–38 7

C. Preliminary evaluation of the optional reporting procedure 39–40 8

D. Reminders for overdue initial reports 41–42 8

E. Examination of measures taken by a State party in the absence of a report 43 9

III. Consideration of reports submitted by States parties under article 19
of the Convention 44–67 10

A. Examination of reports submitted by States parties 44–50 10

B. Concluding observations on States parties’ reports 51–61 11

Belarus 52 11

Bulgaria 53 22

Djibouti 54 34

Germany 55 43

Madagascar 56 54

Morocco 57 61

Paraguay 58 74

Sri Lanka 59 84

Albania 60 97

Armenia 61 106

Canada 62 115

Cuba 63 123

Czech Republic 64 133

Greece 65 140

Rwanda 66 149

Syrian Arab Republic 67 157

IV. Follow-up to concluding observations on States parties’ reports 68–82 164

V. Activities of the Committee under article 20 of the Convention 83–100 177

A. General information 83–87 177

B. Summary account of the result of the proceedings concerning
the inquiry on Nepal 88–100 177

VI. Consideration of complaints under article 22 of the Convention 101–137 180

A. Introduction 101–105 180

B. Interim measures of protection 106–109 180

C. Progress of work 110–135 181

D. Follow-up activities 136–137 194

VII. Future meetings of the Committee 138–140 218

Additional meeting time for 2013 and 2014 139–140 218

VIII. Adoption of the annual report of the Committee on its activities 141 219

Annexes

I. States that have signed, ratified or acceded to the Convention against Torture and Other
Cruel, Inhuman or Degrading Treatment or Punishment, as at 1 June 2012 220

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 1 June 2012 226

III. States parties that have made the declarations provided for in articles 21 and 22
of the Convention, as at 1 June 2012 227

IV. Membership of the Committee against Torture in 2012 230

V. States parties that have signed, ratified or acceded to the Optional Protocol to the
Convention against Torture and Other Cruel, Inhuman or Degrading Treatment
or Punishment, as at 1 June 2012 231

VI. Membership of the Subcommittee on Prevention of Torture and Other Cruel, Inhuman
or Degrading Treatment or Punishment in 2012 234

VII. Fifth annual report of the Subcommittee on Prevention of Torture and Other Cruel, Inhuman
or Degrading Treatment or Punishment (January–December 2011) 236

VIII. Joint statement on the occasion of the United Nations International Day in Support of
Victims of Torture 255

IX. Oral statement of programme budget implications in accordance with rule 26 of the
rules of procedure of the Committee against Torture 257

X. Decision of the Committee to request approval from the General Assembly at its
sixty-seventh session for additional meeting time in 2013 and 2014 259

XI. Overdue reports, as at 1 June 2012 260

A. Initial reports 260

B. Periodic reports 261

XII. Country Rapporteurs and alternate Rapporteurs for the reports of States parties considered
by the Committee at its forty-seventh and forty-eighth sessions (in alphabetic order) 271

XIII. Report on Nepal adopted by the Committee against Torture under article 20 of the
Convention and comments and observations by the State party 273

XIV. Decisions of the Committee against Torture under article 22 of the Convention 309

A. Decisions on merits 309

Communication No. 312/2007: Eftekhary v. Norway 309

Communication No. 327/2007: Boily v. Canada 316

Communication No. 343/2008: Kalonzo v. Canada 329

Communication No. 347/2008: N.B-M. v. Switzerland 341

Communication No. 351/2008: E.L. v. Switzerland 352

Communication No. 353/2008: Slyusar v. Ukraine 359

Communication No. 364/2008: J.L.L. v. Switzerland 364

Communication No. 368/2008: Sonko v. Spain 373

Communication No. 370/2009: E.L. v. Canada 384

Communication No. 374/2009: S.M. et al. v. Sweden 395

Communication No. 381/2009: Faragollah et al. v. Switzerland 408

Communication No. 382/2009: M.D.T. v. Switzerland 417

Communication No. 391/2009: M.A.M.A. et al. v. Sweden 424

Communication No. 393/2009: E.T. v. Switzerland 438

Communication No. 396/2009: Gbadjavi v. Switzerland 445

Communication No. 413/2010: A.A.M. v. Sweden 454

Communication No. 414/2010: N.T.W. v. Switzerland 468

Communication No. 424/2010: M.Z.A. v. Sweden 476

Communication No. 428/2010: Kalinichenko v. Morocco 483

Communication No. 433/2010: Gerasimov v. Kazakhstan 497

Communication No. 444/2010: Abdussamatov et al. v. Kazakhstan 514

Communication No. 453/2011: Gallastegi Sodupe v. Spain 532

B. Decision on admissibility 544

Communication No. 365/2008: S.K. and R.K. v. Sweden 544


I. Organizational and other matters

A. States parties to the Convention

1. As at 1 June 2012, the closing date of the forty-eighth session of the Committee against Torture (hereinafter referred to as “the Committee”), there were 150 States parties to the Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment (hereinafter referred to as “the Convention”). The Convention was adopted by the General Assembly in resolution 39/46 of 10 December 1984 and entered into force on 26 June 1987.

2. The list of States which have signed, ratified or acceded to the Convention is contained in annex I to the present report. The list of States parties that have declared that they do not recognize the competence of the Committee provided for by article 20 of the Convention is provided in annex II. The States parties that have made the 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 with respect to the Convention may be found on the United Nations website (http://treaties.un.org).

B. Sessions of the Committee

4. The Committee against Torture has held two sessions since the adoption of its previous annual report. The forty-seventh session (1020th to 1057th meetings) was held at the United Nations Office at Geneva from 31 October to 25 November 2011, and the forty-eighth session (1058th to 1093rd meetings) was held from 7 May to 1 June 2012. An account of the deliberations of the Committee at these two sessions is contained in the relevant summary records (CAT/C/SR.1020-1093).

C. Membership and attendance at sessions

5. The thirteenth meeting of the States parties to the Convention against Torture, which took place in Geneva on 18 October 2011, held elections to replace five members whose term of office expired on 31 December 2011. The list of members with their term of office appears in annex IV to the present report.

D. Solemn declaration by the newly elected members

6. At the 1058th meeting, on 7 May 2012, Mr. Satyabhooshun Gupt Domah and Mr. George Tugushi made the solemn declaration upon assuming their duties, in accordance with rule 14 of the rules of procedure.

E. Election of officers

7. At the forty-eighth session, on 7 May 2012, the Committee elected Mr. Claudio Grossman as Chairperson, Ms. Essadia Belmir, Ms. Felice Gaer and Mr. Xuexian Wang as Vice-Chairpersons and Ms. Nora Sveaass as Rapporteur.

F. Agendas

8. At its 1020th meeting, on 31 October 2011, the Committee adopted the items listed in the provisional agenda submitted by the Secretary-General (CAT/C/47/1) as the agenda of its forty-seventh session.

9. At its 1058th meeting, on 7 May 2012, the Committee adopted the items listed in the provisional agenda submitted by the Secretary-General (CAT/C/48/1 and Corr.1) as the agenda of its forty-eighth session.

G. Participation of Committee members in other meetings

10. During the period under consideration, Committee members participated in different meetings organized by the Office of the United Nations High Commissioner for Human Rights (OHCHR):

(a) The twelfth Inter-Committee Meeting, held in Geneva from 27 to 29 June 2011, was attended by Mr. Alessio Bruni and Mr. Grossman; the latter also participated in the twenty-third Meeting of Chairpersons, held in Geneva on 30 June and 1 July 2011;

(b) An event to mark United Nations International Day in Support of Victims of Torture, held in Ramallah on 27 June 2011, was attended by Ms. Sveaass;

(c) The expert group meeting on gender-motivated killings of women, held in New York on 12 October 2011, was attended by Ms. Gaer;

(d) The regional consultation for the Americas on enhancing cooperation between United Nations and regional human rights mechanisms on prevention of torture and the protection of victims of torture, held in Washington D.C. on 29 and 30 November 2011, was attended by Mr. Grossman;

(e) The regional consultation for Europe on enhancing cooperation between United Nations and regional human rights mechanisms on prevention of torture and the protection of victims of torture, held in Geneva on 15 and 16 December 2011, was attended by Mr. Bruni;

(f) The regional consultation for Africa on enhancing cooperation between United Nations and regional human rights mechanisms on prevention of torture and the protection of victims of torture, held in Addis Ababa on 6 and 7 February 2012, was attended by Ms. Belmir.

11. In the context of the treaty body strengthening process:

(a) Ms. Gaer participated in a seminar, held on 19 and 20 September 2011, in Bristol, United Kingdom of Great Britain and Northern Ireland. This high-level seminar was organized by the Human Rights Implementation Centre of the University of Bristol on the implementation of United Nations treaty body concluding observations, in the context of the treaty body strengthening process. It examined the implementation and follow-up of concluding observations from United Nations treaty bodies, focusing firstly on the role of the treaty bodies themselves and OHCHR in following up concluding observations, and secondly on the implementation methods and strategies adopted by State authorities and follow-up mechanisms adopted by other national actors in the European region;

(b) Ms. Gaer and Mr. Grossman participated in an expert meeting on treaty body petitions organized by OHCHR, held in Geneva on 29 October 2011. This expert meeting was aimed at providing an open space for members of treaty bodies to discuss how to strengthen and harmonize their existing working methods with regard to the consideration of individual communications, and to identify and reflect upon new proposals that would increase the effectiveness and visibility of treaty body work. It was especially focused on: (a) strengthening the mechanisms to follow up the implementation by States parties of recommendations contained in treaty body findings in individual cases; (b) increasing the effectiveness and systematization of recommendations under the individual communications procedure; (c) increasing the accessibility and visibility of the communications procedures; and (d) reviewing best practices regarding the application of rules of procedure and methods of work;

(c) Mr. Grossman, as the Committee chairperson, participated in a meeting, organized by the University of Nottingham and held in Dublin on 10 and 11 November 2011, which brought together the conveners of the seven previous consultations, namely Dublin, Marrakesh, Poznan, Seoul, Sion, Pretoria and Luzern, as well as representatives of the NGO coalition on the treaty body strengthening process. Six other treaty body chairpersons participated in the meeting. The outcome document of this meeting, known as Dublin II, contains recommendations addressed to treaty bodies, States and OHCHR, respectively. General measures for treaty body strengthening were discussed, including with regard to membership, harmonization of treaty body procedures, promoting knowledge of the treaty body system, reprisals, and resources, as were treaty body functions, such as the State reporting process, general comments, individual communications and follow-up to and implementation of concluding observations and views and opinions. With a view to strengthening membership, the following recommendations were made: that, as a general rule and without prejudice to the existing mandates of treaty body members, membership should be limited to a maximum of two full terms to ensure the renewal and diversity of membership of the treaty bodies; and that States should establish formal consultative and transparent national selection processes involving national human rights institutions (NHRIs) and civil society actors to consider possible nominations of candidates to treaty bodies and make recommendations to Governments. The Dublin II outcome document, and other relevant documents on treaty body strengthening, may be found on the OHCHR website (http://www2.ohchr.org/english/ bodies/HRTD/hrtd_process.htm).

(d) Mr. Bruni participated in the consultation on treaty body strengthening with United Nations entities and specialized agencies, held in Geneva on 28 November 2011, and in the consultation with States organized by OHCHR and held in Geneva on 7 and 8 February 2012. The latter event was organized at the request of a large number of States that required more time to continue the discussions that had taken place in Sion in May 2011. OHCHR made a presentation on facts and figures regarding the growth and financing of the treaty body system and the proposals contained in the report of the Secretary-General to the General Assembly (A/66/344). The Division of Conference Management of the United Nations Office at Geneva also expressed the challenges in supporting the treaty bodies and suggested potential alternatives for conference servicing support. In addition, a presentation on a comprehensive reporting calendar was made. The key proposals of the treaty body strengthening process were the following: (i) a comprehensive reporting calendar based on a 100 per cent compliance rate over a five-year cycle; (ii) the list of issues prior to reporting as a tool to foster focused States reports and treaty body recommendations; (iii) guidelines on the independence and expertise of committee members; and (iv) more structured and efficient constructive dialogue between treaty bodies and States parties;

(e) Ms. Gaer and Mr. Grossman participated in the consultation with States organized by OHCHR and held in New York on 2 and 3 April 2012. The consultation, opened by the Secretary-General, was the continuation of the previous consultations with States parties; it focused in particular on the resourcing of the treaty body system, in order to ensure its efficient and effective functioning. OHCHR made a presentation on a proposal for a comprehensive reporting calendar. Also discussed was the strengthening of: (i) the membership of treaty bodies; (ii) the preparation of States parties’ reports; and (iii) the dialogue between States parties and the treaty bodies.

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