UN Torture Panel Reviews Reports on Observations, Reprisals

OHCHR

The Committee against Torture today discussed reports on follow-up to concluding observations, individual communications and reprisals under the Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment.

Bakhtiyar Tuzmukhamedov, Rapporteur on follow-up to concluding observations under article 19 of the Convention, presenting his report, said that during the period under review, the Committee had received follow-up reports from Switzerland, Brazil, Luxembourg, Egypt and Somalia. Additionally, Türkiye submitted comments on the concluding observations on 26 July 2024. The willingness of the States parties to provide information regarding measures they had taken to implement their obligations under the Convention was welcomed and appreciated.

Several States had not yet supplied follow-up information that had fallen due, namely Antigua and Barbuda, Bangladesh, Cabo Verde, Chad, Congo, Djibouti, Ethiopia, Guinea, Holy See, Madagascar, Malawi, Mozambique, Nicaragua, Romania, Rwanda, Seychelles, Sierra Leone, Spain, Sri Lanka, Syrian Arab Republic, Uganda and United Arab Emirates.

During the period under review, the Committee received alternative follow-up reports from non-governmental organizations and other stakeholders in relation to the follow-up replies submitted by Australia, Colombia and Kazakhstan - two with respect of the latter.

The Rapporteur also communicated with concerned States parties regarding pending issues once their reports on implementation of the concluding observations were received and assessed. Since May 2024, such communications were sent to State of Palestine and Kazakhstan. In addition, the follow-up replies submitted by Australia, Colombia, New Zealand, Slovakia and Switzerland were currently under consideration.

Regarding the State of Palestine, the Rapporteur found that the three recommendations identified for follow-up had been partially implemented. Substantive steps were taken by the State of Palestine towards implementing two of these recommendations concerning the definition and criminalisation of torture and the monitoring of detention facilities. Initial steps were also taken towards implementing the third recommendation concerning the national human rights commission. The Committee welcomed the adoption by the State of Palestine, in May 2023, of a national plan for the implementation of the concluding observations.

Concerning Kazakhstan, the Rapporteur found that initial steps had been taken towards implementing two recommendations concerning the events of January 2022 and hazing and ill treatment in the army. Two other recommendations had not been implemented concerning violence and deaths in custody and healthcare in places of deprivation of liberty.

Mr. Tuzmukhamedov encouraged all stakeholders to make use of the dedicated web page for the follow-up procedure, which presented recommendations identified for follow-up by the Committee, the information submitted by States parties, and the public reports submitted by national human rights institutes, non-governmental organizations and other stakeholders.

Committee Expert Liu Huawen, Rapporteur on follow-up to communications, presenting the report under article 22, the individual complaints procedure, said that since the last session, the Committee had adopted decisions on cases concerning Morocco, Slovakia, Switzerland, Azerbaijan, Sweden, Australia and France. Cases relating to Sweden, Switzerland, Australia and France had been closed with a note of satisfactory implementation. The Committee welcomed this and called on the other concerned States parties to implement its decisions.

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