4 March 2024
Welcome to the seventh session of the course on International Human Rights. Today we are going to look at the how the Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment is implemented. In the simulation part, you will be looking at the periodic report submitted by Ethiopia that will be considered this year at the 76th session from 17 April to 12 May 2023. The Convention is reviewed by the Committee Against Torture (CAT), an expert body elected by the Meeting of States Parties. The last one took place in 2021 on 11 October 2021.
Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment refers to actions taken by governments in the context of their judicial systems. In the eighteenth century in Western Europe, torture was common (and accepted). Use of the rack, drawing and quartering and other punishments were used against people suspected of crime. It was so blatant that, in the end of that century, philosophers like Voltaire began to argue against it as being wrong. Eventually this spread to more countries who adjusted laws to remove the worse versions. Of course, torture was also a method used during armed conflicts as well. That torture was a violation of human rights was given in the Universal Declaration which, in Article 5, stated: "No one shall be subjected to torture or to cruel, inhuman or degrading treatment or punishment." This was also included in Article 7 of the International Covenant on Civil and Political Rights. However, neither specified what this meant in practice and that required negotiation of the Convention, that, after a declarationw as adopted by the General Assembly in 1975, that was adopted on 10 December 1984 and entered into force on 26 June 1987.
1. For the purposes of this Convention, the term "torture" means any act by which severe pain or suffering, whether physical or mental, is intentionally inflicted on a person for such purposes as obtaining from him or a third person information or a confession, punishing him for an act he or a third person has committed or is suspected of having committed, or intimidating or coercing him or a third person, or for any reason based on discrimination of any kind, when such pain or suffering is inflicted by or at the instigation of or with the consent or acquiescence of a public official or other person acting in an official capacity. It does not include pain or suffering arising only from, inherent in or incidental to lawful sanctions.
The Convention then specifies procedures and rules to be followed, including the normal reporting procedures and the establishment of the Committee.
As stated on its website, The Committee is composed of 10 independent experts. In accordance with ECOSOC Resolution 1985/17 (paragraph (b), in regard to the composition of the Committee, due consideration must be given to equitable geographical distribution and to the representation of different forms of social and legal systems.
Five of the members were elected at the 18th Meeting of States Party in 2023.
The current membership of the Council is:
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In geographical distribution terms this means:
The Committee normally holds three sessions a year and has the possibilty of special sessions. Normally they are at either UN Headquarters in New York or the UN Office at Geneva. The Committee has a Secretariat covered by rules 22-26 of the Committee's Rules of Procedure.
Rule 22
Duties of the Secretary-General
1. Subject to the fulfilment of the financial obligations undertaken by States parties in
accordance with article 18, paragraph 5, of the Convention, the secretariat of the Committee
and of such subsidiary bodies as may be established by the Committee (hereinafter referred
to as “the secretariat”) shall be provided by the Secretary-General.
CAT/C/3/Rev.6
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2. Subject to the fulfilment of the requirements referred to in paragraph 1 of the present
rule, the Secretary-General shall provide the necessary staff and facilities for the effective
performance of the functions of the Committee under the Convention.
Rule 23
Statements
The Secretary-General or his/her representative shall attend all meetings of the
Committee. Subject to rule 37, he/she or his/her representative may make oral or written
statements at meetings of the Committee or its subsidiary bodies.
Rule 24
Servicing of meetings
The Secretary-General shall be responsible for all the necessary arrangements for
meetings of the Committee and its subsidiary bodies.
Rule 25
Keeping the members informed
The Secretary-General shall be responsible for keeping the members of the
Committee informed of any questions which may be brought before it for consideration.
Rule 26
Financial implications of proposals
Before any proposal which involves expenditures is approved by the Committee or
by any of its subsidiary bodies, the Secretary-General shall prepare and circulate to its
members, as early as possible, an estimate of the cost involved in the proposal. It shall be
the duty of the Chairperson to draw the attention of members to this estimate and to invite
discussion on it when the proposal is considered by the Committee or by a subsidiary body.
Like other Committees, CAT makes provision for information from NGOs. The list of those who have participated is shown in the website and includes:
Amnesty International
Article 5 initiative
Association for the Prevention of Torture (APT)
CCPR Centre
CPT
Convention against Torture Initiative
DIGNITY
FIACAT
FIDH
Human Rights Watch
INTERIGHTS
IRCT
OMCT
Penal Reform International
Prison Insider
?Redress
Torture Reporting Book
TRIAL International
One of the most dramatic cases of the role of the Committee was its consideration, in 2006, of the second periodic report of the United States. This took place in a context where the United States government was accused of using torture of persons detained in the "war on terror" following the attack on the World Trade Center. The periodic report was due in 1999, but had been postponed to 2001 and was finally submitted in 2005. The report sought to deal with the allegations (which were caused, in part, by an opinion from the Department of Justice that torture was permitted under those circumstances). The US sent a large delegation to the Committee, that was meeting in Geneva at the Palais de Nations. The discussion can be seen in the summary record of the session held on 5 May 2006. While the presentation was welcomed, the Committee members were not completely convinced that the United States was living up to its obligations and this was expressed in the Conclusions and Recommendations that the Committee adopted.
The next report (the third, fourth and fifth periodic report) was submitted on 4 December 2013 and reflected a different view of the Obama administration. The Committee considered it in November 2014 and still raised issues in its conclusions. The Committee issued questions for the next periodic report in 2016 and also stored information received from a number of civil society organizations that are shown in the session website.