Credit: UN Photo/Loey Felipe
The Committee Against Torture (CAT) is currently holding its 55th Session in Geneva, which began on July 27 and will continue through August 14. According to the Committee’s agenda, CAT is considering the State reports of Iraq, Slovakia, and Switzerland. During the session, the Committee will meet with representatives from each State regarding the State’s report to CAT. The Committee will also review reports submitted by civil society organizations and national human rights institutions (NHRIs). The Committee will then issue concluding observations for each State, including its recommendations and concerns about each State’s implementation of the Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment (Convention against Torture).
The Committee’s program also includes additional events, some of which are open to the public and some of which are closed: a World Organization Against Torture (OMCT) briefing on the principle of non-refoulement; a briefing and discussion on the Office of the High Commissioner for Human Rights (OHCHR) capacity-building; and a discussion about the outcome of and follow-up to the annual meeting of chairpersons of UN human rights bodies that was held in San José, Costa Rica in June, 2015.
Archived webcasts of the 55th session can be viewed on UN Treaty Body Webcast.
Iraq
Iraq submitted its initial report to CAT on its implementation of the Convention. The report delineates the ways in which its laws and policies, including its Constitution, its Penal Code, and its Code of Criminal Procedure, are aligned with the provisions of the Convention and the steps that government agencies have taken to prevent or punish torture. For example, the report notes the following: Iraq’s Constitution prohibits torture; its laws specify the circumstances under which foreigners can be deported; its Code of Criminal Procedure protects individuals who are being questioned by authorities; its laws allow family members of individuals deprived of their liberty to access information about them; its penal code prohibits public officials or agents from torturing accused individuals; and various government ministries have organized human rights trainings for those who work in law enforcement, medical personnel, public officials, and others on how to treat those deprived of liberty. Additionally, the report notes that: constitutional provisions prevent the practice of secret detention, judicial authorities are obligated to investigate claims of torture, the Constitution ensures the right of individuals who claim they have been subjected to torture to submit a complaint to the authorities, and the Code of Criminal Procedure dictates that confessions obtained through torture do not have legal value. See Committee against Torture, Consideration of reports submitted by States parties under article 19 of the Convention, UN Doc CAT/C/IRQ/1, 18 September 2014
Several civil society organizations, including the Alkarama Foundation, Amnesty International, and the Geneva International Center for Justice submitted report to the Committee concerning Iraq’s implementation of CAT.
The Iraqi Human Rights Commission, the NHRI, also submitted a report, which is only available in Arabic.
Slovakia
In its reply to the list of issues that CAT had requested information about, Slovakia provided the following information: its Constitution and its anti-discrimination law prohibit discrimination; its Code of Criminal Procedure ensures access to a lawyer; the Ministry of Justice’s anti-corruption line fields claims of corrupt behavior; the current budgetary situation prevents further funds from being allocated to the Slovak National Centre for Human Rights, Slovakia’s national human rights institution (NHRI); and trainings have been conducted on administrative expulsion and detention of non-EU nationals. Additionally, Slovakia provided statistics on asylum applicants; explained that discussions are currently taking place in the National Council about legislative amendments that will provide legal aid in detention and asylum proceedings; discussed steps that are being taken to reduce prison overcrowding; provided updates with respect to the results of claims and investigations of alleged torture and ill-treatment, including a case in which ten policemen were accused of abusing their official authority; and explained that its Code of Criminal Procedure states that evidence that is obtained through unlawful coercion or the threat of coercion cannot be used in proceedings. See Committee against Torture, List of issues in relation to the third periodic report of Slovakia, UN Doc CAT/C/SVK/Q/3/Add. 2, 3 June 2015.
Two civil society organizations, the European Roma Rights Center (ERRC) and the Global Initiative to End All Corporal Punishment of Children, submitted reports to the Committee. The Slovak National Centre for Human Rights, which is the national human rights institution (NHRI) in Slovakia, submitted a report for the Committee’s review.
Switzerland
In its list of issues, CAT requested information from Switzerland, including the following: measures taken to prevent and combat violence against women and to punish the perpetrators of such violence; data on asylum applications received, granted, or refused, with information on the age, sex, and ethnic origin of applicants as well as whether or not they were victims of torture and/or were at risk of torture if sent back to their country of origin; information on training programs for police officers and others involved in repatriation operations to inform them of the State’s duties under the Convention; measures taken to limit the use of solitary confinement and to ensure that it is used only as a last resort; and efforts made to provide healthcare access to all prisoners, particularly those suffering from psychiatric disorders. The Committee also requested detailed data on complaints regarding acts of torture or ill-treatment committed by law enforcement officers; information about steps taken to provide redress and compensation, including rehabilitation, to victims of torture or ill-treatment at the hands of law enforcement officers; information on efforts to combat and prevent human trafficking, particularly of women and girls for purposes of sexual exploitation; updates on any progress that has been made to improve conditions in all places of detention, particularly in places where asylum seekers are held; and data on unaccompanied minors seeking asylum in Switzerland. See Committee against Torture, List of issues prior to the submission of the seventh periodic report of Switzerland, UN Doc CAT/C/CHE/Q/7, 16 January 2013.
Multiple civil society organizations, including the Global Initiative to End All Corporal Punishment of Children, as well as a coalition of several organizations, including Amnesty International, the World Organization Against Torture (OMCT), and the Association for the Prevention of Torture (APT) submitted reports on Switzerland to the Committee.
Additional Information
To learn more about the Committee Against Torture, please visit the IJRC’s Online Research Hub. Archived videos of the 55th Session are available on the UN Treaty Body Webcast.