The Chair of the Subcommittee on Prevention of Torture this morning presented the Subcommittee's seventeenth annual report to the Committee against Torture.
Suzanne Jabbour, Chairperson of the Subcommittee on Prevention of Torture, said that in 2023, the landscape within which the Subcommittee and the Committee operated had been significantly shaped by conflict, yet the commitment to the prevention of torture remained resolute. In 2023, the Subcommittee conducted eight official visits to the Philippines, Georgia, Guatemala, State of Palestine, Croatia, Madagascar, Kazakhstan and South Africa.
In 2024, the Subcommittee had already conducted visits to Gabon, Albania, Honduras and Mongolia, and planned to extend its efforts to Bolivia, Democratic Republic of the Congo, Greece and Nigeria throughout the rest of the year. Despite these efforts, the Subcommittee faced notable operational challenges, primarily stemming from resource limitations, as well as the prevailing liquidity crisis at the United Nations. The exchange of information between the Subcommittee and the Committee was a vital lifeline that enhanced operational efficiency.
In the ensuing discussion, Committee Experts asked about the impact of states of emergency and armed conflict on the work of the Committee, as well as how to encourage States to commit themselves to the principle of transparency.
The Committee against Torture will next meet in public this afternoon on Tuesday, 23 July at 4 p.m., for a follow-up discussion on articles 19 and 22 and on reprisals.
Statement by the Chair of the Subcommittee on Prevention of Torture
SUZANNE JABBOUR, Chairperson of the Subcommittee on Prevention of Torture, said the session this year took place in a year of special significance, the celebration of the fortieth anniversary of the Convention against Torture. In 2023, the landscape within which the Subcommittee and the Committee operated had been significantly shaped by conflict, yet the commitment to the prevention of torture remained resolute. Throughout the year, the Subcommittee had expanded its reach within the framework of the Optional Protocol to the Convention, with the accession of Côte d'Ivoire and the ratification by Slovakia, increasing the number of States parties to 93.
In 2023, the Subcommittee conducted eight official visits to the Philippines, Georgia, Guatemala, State of Palestine, Croatia, Madagascar, Kazakhstan and South Africa. These missions allowed the Subcommittee to identify repetitive issues and advocate for necessary reforms, including the establishment of national preventive mechanisms, actions to reduce prison overcrowding, and the modernisation of prison systems. In 2024, the Subcommittee had already conducted visits to Gabon, Albania, Honduras and Mongolia, and planned to extend its efforts to Bolivia, Democratic Republic of the Congo, Greece and Nigeria throughout the rest of the year.
During its visits in 2023, the Subcommittee had conducted more than 1,100 interviews with more than 3,500 persons, including detainees, officials, law enforcement personnel, and medical staff. The Subcommittee's approach was informed by the particular cultural, socio-economic, and institutional contexts of each country, enabling the Subcommittee to tailor advice to the different authorities. Despite these efforts, the Subcommittee had faced notable operational challenges, primarily stemming from resource limitations, as well as the prevailing liquidity crisis at the United Nations. Ms. Jabbour was pleased to have been informed that the Subcommittee would be able to proceed with planned missions to Nigeria, Democratic Republic of the Congo and Greece, as well as their third session.
Although not without challenges, the Subcommittee's visits yielded promising direct outcomes. During the recent visit to Honduras, the Subcommittee witnessed deeply troubling conditions in places of deprivation of liberty. While, the outlook was challenging, the Subcommittee's presence acted as a catalyst, possibly accelerating the appointment of the remaining commissioners of the national preventive mechanism. To provide comprehensive insights into the operational challenges, this year's report included annexes that addressed specific inquiries raised by national preventive mechanisms.
The Subcommittee continued to foster relationships with various United Nations bodies, regional organizations, and civil society stakeholders to bolster efforts in torture prevention. Notably, collaboration extended to the Global Alliance of National Human Rights Institutions during the International Conference on the Prevention of Torture held in Copenhagen. The publication of the Subcommittee's general comment no.1 on article 4 of the Optional Protocol to the Convention, adopted during their June session, would provide much-needed clarity to ensure comprehensive access for monitoring bodies, including national preventive mechanisms, in gaining access to places of deprivation of liberty.
The exchange of information between the Subcommittee and the Committee was a vital lifeline that enhanced operational efficiency. This synergy was further magnified by the Committee's role in advocating for the ratification of the Optional Protocol and the establishment of national preventive mechanisms by States. The expected adoption of the resolution by the Chairs of the treaty bodies this December to endorse the strengthening process would highlight the shared leadership between the Committee and the Subcommittee. Ms. Jabbour reasserted the Subcommittee's dedication to this cooperation and to the common goal, to prevent, and ultimately end, the use of torture and all forms of ill treatment.
Questions by Committee Experts
A Committee Expert said the Committee noted with appreciation the report of the Subcommittee and the publication of the general comment, clarifying the concept of places of deprivation of liberty. Effective coordination between the Committee and the Subcommittee was of vital importance. Transparency constituted a measure to prevent the risk of torture. The report indicated that by the end of 2023, 52 of the 82 visit reports had been made public, a total of 63 per cent. It was important to continue efforts to remain seized of this matter. Did the Subcommittee have further guidance to enhance commitments of States parties to upscale their efforts to commit themselves to the principle of transparency?
CLAUDE HELLER, Committee Chairperson, thanked Ms. Jabbour for presenting the report, which contained a great deal of substantive information. The report outlined the constraints being faced by the Committee and Subcommittee. The Committee and the Subcommittee played a pivotal role despite prevailing challenges. It was positive that the Subcommittee would be able to undertake a series of visits this year and hold their November session. This year, the Committee was commemorating the fortieth anniversary of the Convention. The issue of ratifications of the Optional Protocol should be highlighted. It was important that countries established national preventive mechanisms and facilitated visits to places of detention.
When the Subcommittee visited a State where there was a state of emergency in place, had they faced restrictions on their visits to places of detention? Many of the treaty bodies had been advocating for appropriate resources in light of the backlog of reports which needed to be reviewed by the Committees. How had this affected the Subcommittee with delays in conducting visits?
A Committee Expert said there were more than 100 armed conflicts in the world today. Could the Subcommittee work in the difficult circumstances of an armed conflict? Could they still undertake visits and visit detainees?
Responses by the Chair of the Subcommittee
SUZANNE JABBOUR, Chairperson of the Subcommittee on Prevention of Torture, said the work of the Subcommittee was built with the State on the principle of confidentiality. The presence of national preventive mechanisms could be a great added value to push for the publications of reports. The Subcommittee tried to have synergy with the national preventive mechanisms; they were their partners on the ground. Currently, States were less interested in human rights, particularly on issues relating to torture prevention. Other actors could also support the work of the Subcommittee, including the national human rights institutions.
The Subcommittee had faced the state of emergency issue in Palestine, where they had engaged with the authorities and the de-facto authorities. The Subcommittee had the obligation to respect how the United Nations engaged with de-facto authorities. Based on this, the Subcommittee failed to visit Gaza. The armed conflicts around the world put further responsibility on the Subcommittee. Because the Subcommittee had a proactive mandate, it believed that during armed conflicts, lifesaving actions were a priority, rather than preventive actions.
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