The Application of Human Rights to Reproductive & Sexual Health

Concluding Observations of the Committee Against Torture

ARGENTINA (2004)

Conclusions and recommendations of the Committee against Torture: Argentina, CAT/C/CR/33/1, 10 December 2004.

6. The Committee expresses its concern at the following:

(g) Allegations of torture and ill treatment of certain other vulnerable groups, such as members of the indigenous communities, sexual minorities and women;

(m) The fact that medical staff in prisons are not independent but are members of the prison service.

7. The Committee recommends that the State party should take all necessary steps to prevent acts of torture and ill treatment in the territory of the State of Argentina, and in particular that it should:

(f) Take specific steps to safeguard the physical integrity of the members of all vulnerable groups;

(m) Take the necessary steps to guarantee the presence of independent, qualified medical personnel to carry out periodic examinations of persons in detention;

(p) Establish and promote effective machinery within the prison system to receive and investigate reports of sexual violence and provide protection and psychological and medical assistance to victims.

ARMENIA (2000)

Concluding observations of the Committee against Torture: Armenia, 17/11/2000, A/56/44,paras. 33-39.

39. The Committee makes the following recommendations:

(b) Counsel, family members and the doctor of their own choice must be guaranteed immediate access to persons deprived of liberty;

(i) The Committee invites the State party to include the necessary statistics, disaggregated by gender and geographical region, in the next report to be submitted in October 2002.

AZERBAIJAN (2003)

Conclusions and recommendations of the Committee against Torture: Azerbaijan, 14/05/2003, CAT/C/CR/30/1 and Corr.1.

The Committee is also concerned about the substantial gap between the legislative framework and its practical implementation, and about:

(c) The lack, in many instances, of prompt and adequate access of persons in police custody or remand centres to independent counsel and a medical doctor, which is an important safeguard against torture; many persons in police custody are reportedly forced to renounce their right to a lawyer, and medical experts are provided only on the order of an official, and not at the request of the detainee;

7. The Committee recommends that the State party:

(c) Clearly instruct police officers, investigative authorities and remand centre personnel that they must respect the right of detained persons to obtain access to a lawyer immediately following detention and a medical doctor on the request of the detainee, and not only after the written consent of detaining authorities has been obtained. The State party should ensure the full independence of medical experts;

(j) Intensify efforts to educate and train police, prison staff, law enforcement personnel, judges and doctors on their obligations to protect from torture and ill-treatment all individuals who are in State custody. It is particularly important to train medical personnel to detect signs of torture or ill-treatment and to document such acts.

8. The Committee requests the State party to provide in its next periodic report:

(b) Detailed statistical data, disaggregated by crimes, geographical location, ethnicity and gender, of complaints relating to torture and ill-treatment allegedly committed by law enforcement officials, as well as related investigations, prosecutions, and penal and disciplinary sentences.

BELARUS (2000)

Concluding observations of the Committee against Torture: Belarus, 20/11/2000, A/56/44,paras.40-46.

45. The Committee expresses concern about the following:

(h) The overcrowding, poor diet and lack of access to facilities for basic hygiene and adequate medical care, as well as the prevalence of tuberculosis, in prisons and pre-trial detention centres;

46. The Committee recommends that:

(e) Efforts be made to improve conditions in prisons and pre-trial detention centres, and that the State party establish a system allowing for inspections of prisons and detention centres by credible impartial monitors, whose findings should be made public.

BELGIUM (2003)

Conclusions and recommendations of the Committee against Torture: Belgium, 27/05/2003, CAT/C/CR/30/6.

5. The Committee is concerned about:

(h) The lack of legislation on the rights of persons under judicial or administrative arrest to have access to a lawyer, to inform their family of their detention, to be clearly informed of their rights and to be examined by a doctor of their choice;

(n) The lack of training for prison administrative staff, including medical staff, in particular on the prohibition of torture and inhuman or degrading treatment, owing especially to the lack of resources earmarked for that purpose;

7. The Committee recommends that the State party should:

(g) Expressly guarantee in national legislation the right of everyone who is judicially or administratively detained to have access to a lawyer and a doctor of their choice immediately following their arrest, to be informed of their rights in a language they understand and to inform their families promptly of their detention;

(j) Improve the system of access to health care in prisons by recruiting more qualified medical staff;

BOLIVIA (2001)

Concluding observations of the Committee against Torture: Bolivia, 10/05/2001, A/56/44, paras.89-98.

95. The Committee expresses its concern with respect to the following:

(f) Overcrowding, lack of amenities and poor hygiene in prisons, the lack of basic services and of appropriate medical attention in particular, the inability of the authorities to guarantee the protection of detainees in situations involving violence within prisons. In addition to contravening the United Nations Standard Minimum Rules for the Treatment of Prisoners, these and other serious inadequacies aggravate the deprivation of liberty of prisoners serving sentences and those awaiting trial, making of such deprivation cruel, inhuman and degrading punishment and, in the case of the latter, punishment served in advance of sentence.

BRAZIL (2001)

Concluding observations of the Committee against Torture: Brazil, 16/05/2001, A/56/44, paras.115-120.

119. The Committee expresses its concern about the following:

(b) The overcrowding, lack of amenities and poor hygiene in prisons, the lack of basic services and of appropriate medical attention in particular, violence between prisoners and sexual abuse. The Committee is particularly concerned about allegations of ill-treatment and discriminatory treatment of certain groups with regard to access to the already limited essential services, notably on the basis of social origin or sexual orientation.

BULGARIA (2004)

Conclusions and recommendations of the Committee against Torture: Bulgaria, 11/06/2004, CAT/C/CR/32/6.

5. The Committee expresses concern about the following:

(d) The reported lack of prompt and adequate access by persons in custody to legal and medical assistance and to family members, and that access to free legal aid is quite limited and ineffective in practice. Furthermore, the reported inconsistencies in providing the required medical records to detainees hinder their ability to lodge complaints and seek redress.

6. The Committee recommends that the State party:

(c) Take measures to establish an effective, reliable and independent complaint system to initiate and undertake prompt and impartial investigations into all allegations of ill-treatment or torture and to punish those found responsible. The Committee requests that the State party provide it with statistical data regarding such reported cases and the results of the investigations, disaggregated by, inter alia, gender, ethnic group, geographical region and type and location of places of deprivation of liberty where they occurred;

(d) Ensure that, in law as well as in practice, all persons deprived of their liberty are duly registered at the place of custody and guaranteed, and informed of, the rights to have access to counsel, to contact next of kin and to a doctor. In this respect an independent free legal aid system for detainees should be established. Strict rules on the maintenance of medical records for all detained persons should be established and rigorously adhered to;

(e) Undertake all necessary measures to address the situation in homes and hospitals of persons with mental disabilities to ensure that the living conditions, therapy and rehabilitation provided are not in violation of the requirements of the Convention. The Committee also urges the State party to ensure that the placement of children in social care homes is regularly reviewed. It urges the State party to provide monitoring and reassessment of diagnoses by specialists, with appropriate appeal procedures;

(j) Ensure close monitoring of inter-prisoner and other violence, including sexual violence, in detention facilities and social care homes, with a view to preventing it. The State party is requested to provide disaggregated data on this problem in the next periodic report.

CAMBODIA
(2004)

Conclusions and recommendations of the Committee against Torture: Cambodia, 05/02/2004, CAT/C/CR/31/7.

The Committee is concerned about the following:

(k) The lack of access by detainees in general to legal counsel and a medical doctor of their choice.

The Committee recommends that the State party:

(j) Reinforce human rights education and promotion activities in general, and regarding the prohibition of torture in particular, for law enforcement officials and medical personnel, and introduce training in these subjects in official education programmes.

7. The Committee recommends that the State party:

(k) Take measures to regulate and institutionalize the right of victims of torture to fair and adequate compensation, and to establish programmes for their physical and mental rehabilitation;

(l) Ensure that the reported practice of unlawful trafficking of persons is suppressed;

(m) Provide data on: (a) the number of persons held in prisons and places of detention, disaggregated by age, gender, ethnicity, geography and type of crime; (b) the number, types and results of cases, both disciplinary and criminal, of police and other law enforcement personnel accused of torture and related offences;

(2003)

Conclusions and recommendations of the Committee against Torture: Cambodia, 27/05/2003, CAT/C/CR/30/2.

6. The Committee is concerned about the following:

(k) The lack of access by detainees in general to legal counsel and a medical doctor of their choice.

7. The Committee recommends that the State party:

(i) Take urgent measures to improve conditions of detention in police stations and prisons. It should, moreover, increase its efforts to remedy prison overcrowding and establish a systematic and independent system to monitor the treatment in practice of persons arrested, detained or imprisoned. In this connection, the State party should consider signing and ratifying the Optional Protocol to the Convention;

(l) Ensure that the reported practice of unlawful trafficking of persons is suppressed;

CAMEROON (2004)

Conclusions and recommendations of the Committee against Torture: Cameroon, 05/02/2004, CAT/C/CR/31/6.

3. The Committee takes note with satisfaction of the following:

(e) The assurance given by the delegation that the verification of the individual situations of detainees and appellants will eventually result in the release of the range of persons held in pre-trial detention, notably juveniles, women and sick persons;

(g) The current finalization of a law against violence against women.

4. The Committee recalls that, in 2000, it found that torture seemed to be a very widespread practice in Cameroon, and expresses concern at reports that this situation still exists. It is troubled by the sharp contradictions between consistent allegations of serious violations of the Convention and the information provided by the State party. In particular, the Committee declares serious concern about:

(b) The continued existence of extreme overcrowding in Cameroonian prisons, in which living and hygiene conditions would appear to endanger the health and lives of prisoners and are tantamount to inhuman and degrading treatment. Medical care reportedly has to be paid for, and the separation of men and women is not always ensured in practice. The Committee notes with particular concern the large number of deaths at Douala central prison since the beginning of the year (25 according to the State party, 72 according to non-governmental organizations).

7. The Committee is also concerned about:

(b) The absence of legislation banning female genital mutilation;

(c) The fact that the Criminal Code permits the exemption from punishment of a rapist if he subsequently marries the victim.

8. The Committee urges the State party to take all necessary measures to end the practice of torture on its territory. It recommends that the State party should:

11. The Committee further recommends that the Cameroonian authorities should:

(a) Reform the National Committee on Human Rights and Freedoms with a view to closer conformity to the Principles relating to the status of national institutions for the promotion and protection of human rights (the "Paris Principles");

(d) Revise its legislation to end the exemption from punishment of rapists who marry their victims;

(e) Consider ratifying the Optional Protocol to the Convention against Torture;

(d) Guarantee free medical care in prisons, ensure the right of prisoners to adequate food in practice, and effectively separate men and women.

CANADA (2000)

Concluding observations of the Committee against Torture: Canada, 22/11/2000, A/56/44, paras.54-59.

58. The Committee expresses concern about the following:

(b) Allegations that female detainees have been treated harshly and improperly by the authorities of the State party, and that many recommendations of the Arbour report Commission of Inquiry into Certain Events at the Prison for Women at Kingston (Commissioner: The Honourable Louise Arbour, Canada, 1996) have yet to be implemented.

CHILE (2004)

Conclusions and recommendations of the Committee against Torture: Chile, 14/06/2004, CAT/C/CR/32/5.

4. The Committee notes the following positive developments:

(h) Assurances by the representatives of the State party that mechanisms have been created to ensure that any testimony obtained under torture will not be admissible in court, and their recognition of the serious problem of coercing confessions from women who seek life-saving treatment in public hospitals after illegal abortions;

(g) The limited mandate of the National Commission on Political Imprisonment and Torture aimed at identifying victims of torture during the military regime and the conditions for obtaining reparation. In particular, the Committee notes with concern:

(j) Reports that life-saving medical care for women suffering complications after illegal abortions is administered only on condition that they provide information on those performing such abortions. Such confessions are reportedly used subsequently in legal proceedings against the women and against third parties, in contravention of the provisions of the Convention;

The Committee recommends that the State Party should:

(i) Develop training programmes on the provisions of the Convention for judges and prosecutors as well as other law-enforcement officials, including programmes on the prohibition of torture and cruel, inhuman or degrading treatment, for military officials, police, and other law-enforcement personnel and others who may be involved in the custody, interrogation or treatment of persons at risk of torture; ensure that training programmes for medical specialists specifically deal with the identification and documentation of torture;

(k) Extend the term and mandate of the National Commission on Political Imprisonment and Torture to enable victims of all forms of torture, including victims of sexual violence, to file complaints. To this end:

(i) Initiate measures to better publicize the work of the Commission, utilizing all media, and clarifying the definition of torture by including a non-exhaustive list specifying various forms of torture, including sexual violence, on the forms victims must complete;

(iii) Include in the final report of the Commission data disaggregated by gender, age, type of torture, etc;

(m) Eliminate the practice of extracting confessions for prosecution purposes from women seeking emergency medical care as a result of illegal abortion; investigate and review convictions where statements obtained by coercion in such cases have been admitted into evidence, and take remedial measures including nullifying convictions which are not in conformity with the Convention. In accordance with World Health Organization guidelines, the State party should ensure immediate and unconditional treatment of persons seeking emergency medical care;

(o) Introduce, as part of the reform of the criminal justice system, safeguards to protect persons experiencing possible retraumatization in connection with prosecution of cases such as child abuse, sexual abuse, etc.;

(q) Provide detailed statistical data, disaggregated by age, gender and geographical location, on complaints related to torture and ill-treatment, allegedly committed by law-enforcement officials, as well as the related investigations, prosecutions, and sentences.

CHINA (2000)

Conclusions and recommendations of the Committee against Torture: China, 09/05/2000, A/55/44, paras.106-145.

117. The Committee notes with concern the absence of detailed information and statistics regarding torture and other forms of cruel, inhuman or degrading treatment or punishment, disaggregated by gender.

130. The Committee recommends that in the next periodic report the State party provide answers to questions that it did not find possible to address during the present consideration and include detailed statistics, disaggregated, inter alia, by region and gender.

Part II: Hong Kong Special Administrative Region

136. The Committee welcomes the increase of the maximum sentence for certain sexual crimes, such as incest, and the abolition of the requirement of corroboration in respect of sexual offences.

COLOMBIA (2004)

Conclusions and recommendations of the Committee against Torture: Colombia, 04/02/2004, CAT/C/CR/31/1.

3. The Committee notes with satisfaction the State party's adoption of a number of domestic laws of relevance to the prevention and suppression of torture and ill-treatment, in particular:

(a) The new Penal Code (Act No. 599/2000), which defines the offences of torture, genocide, forced disappearance and forced displacement and states that due obedience will not be considered as justifying those offences;

9. The Committee also expresses its concern at:

(d) The allegations and information indicating:

(i) That some prosecutors in the Human Rights Unit of the Public Prosecutor's Office have been forced to resign and that members of the Unit have been threatened in connection with their investigation of cases of human rights violations;

(ii) Inadequate protection against rape and other forms of sexual violence, which are allegedly frequently used as forms of torture or ill-treatment. The Committee further expresses its concern at the fact that the new Military Penal Code does not expressly exclude sexual offences from the jurisdiction of the military courts;

(b) Reconsider also, in the light of its obligation to prevent torture and ill-treatment under the Convention:

(e) Investigate, prosecute and punish those responsible for rape and other forms of sexual violence, including rape and sexual violence that occur in the framework of operations against illegal armed groups;

(f) That in cases of violation of the right to life any signs of torture, especially sexual violence, that the victim may show be documented. That evidence should be included in forensic reports so that the investigation may cover not only the homicide but also the torture. The Committee also recommends that the State party provide medical staff with the training necessary to determine when torture or ill-treatment of any kind has occurred.

COSTA RICA (2001)

Concluding observations of the Committee against Torture: Costa Rica, 17/05/2001, A/56/44, paras.130-136.

135. The Committee expresses its concern about the following:

(a) The fact that torture is not characterized as a specific offence, despite the express prohibition of torture in the Constitution;

136. The Committee recommends that the State party:

(a) Include the crime of torture in the Criminal Code in terms consistent with article 1 of the Convention and with a penalty commensurate with its seriousness, as prescribed in article 4, paragraph 2, of the Convention;

(f) Include in its next report statistical data, disaggregated by, inter alia, the age and gender of victims and the services to which the perpetrators belong, on cases relevant to the Convention that are heard by domestic bodies, including the results of investigations made and the consequences for the victims in terms of redress and compensation.

CROATIA (2004)

Conclusions and recommendations of the Committee against Torture: Croatia, 11/06/2004, CAT/C/CR/32/3.

8. The Committee is concerned about the following:

(c) The reported lack of prompt and adequate access by persons deprived of their liberty to legal and medical assistance and to contact with family members;

9. The Committee recommends that the State party:

(e) Take measures to ensure in practice the right of all persons deprived of their liberty to have prompt access to counsel and a doctor of their choice, as well as to contact family members;

(k) Increase the protection of children and young adults placed in social care institutions, inter alia by ensuring that violent acts are reported and investigated, providing support and treatment for children and young adults with psychological problems, and ensuring that these institutions employ trained personnel, such as social workers, psychologists and pedagogues;

(p) Provide to the Committee statistical data regarding cases of torture and other forms of cruel, inhuman or degrading treatment or punishment reported to administrative authorities and the result of the investigations, disaggregated by, inter alia, gender, ethnic group, geographical region, and type and location of place of deprivation of liberty, where it occurred. In addition, information should be provided regarding complaints and cases filed with domestic courts, including the results of investigations and the consequences for the victim in terms of redress and compensation.

CUBA (1997)

Concluding observations of the Committee against Torture: Cuba, 21/11/97, A/53/44,paras.101-118.

111. The report of the Special Rapporteur appointed by the Commission on Human Rights on the situation of human rights in Cuba is a matter of great concern to the Committee. Reports of NGOs raise similar concerns, a fact that intensifies our concern. The information disclosed in the above reports suggests that there occur serious violations of the Convention with regard to arrest, detention, prosecution, access to counsel and imprisonment of individuals, especially persons referred to in the reports as dissidents, and that serious violations occur in prisons affecting the safety, dignity and health of prisoners.

112. The failure of the Cuban authorities to make a response to allegations made in the above reports is an additional subject of concern.

118. The Committee recommends that the following actions be taken by the State Party:

(j) Urgently addressing complaints about torture and other cruel, inhuman or degrading treatment or punishment raised in NGO reports and the reports of the Special Rapporteurs; taking such action as the obligations of the State party under the Convention warrant; and reporting to the Committee the outcome of such investigations and any action taken in the next periodic report.

CYPRUS (2002)

Conclusions and recommendations of the Committee against Torture: Cyprus, 18/12/2002, CAT/C/CR/29/1.

4. The Committee welcomes the recent legislative, administrative and institutional developments that took place in the State party since the consideration of its previous periodic report, namely:

(d) The enactment of a new law in 2000 for the suppression of trafficking in persons and of the sexual exploitation of children;

CZECH REPUBLIC
(2004)

Conclusions and recommendations of the Committee against Torture: Czech Republic, 03/06/2004, CAT/C/CR/32/2.

4. The Committee welcomes the ongoing efforts by the State party to revise its legislation in order to safeguard human rights in general and, more specifically, those related to the implementation of the Convention against Torture. The Committee welcomes in particular:

(f) The introduction in 2003 of the National Strategy on Combating Trafficking in human beings;

5. The Committee expresses concern about the following:

(f) Medical consultations may not always be confidential and the decision to resort to restraints is not always covered by the law or regularly reviewed;

5. The Committee expresses concern about the following:

(k) Allegations regarding some incidents of uninformed and involuntary sterilizations of Roma women, as well as the government's inability to investigate due to insufficient identification of the individual complainants.

6. The Committee recommends that the State party:

(h) Ensure that medical examinations are confidential and consider possibilities of transferring the medical services from the Ministry of Justice to the Ministry of Health;

(n) Investigate claims of involuntary sterilizations, using medical and personnel records, and urge the complainants, to the extent possible, to assist in substantiating the allegations;

(2001)

Concluding observations of the Committee against Torture: Czech Republic, 14/05/2001, A/56/44, paras.106-114.

113. The Committee expresses concern about the following:

(e) The lack of adequate guarantees of the rights of persons deprived of liberty to notify a close relative or third party of their choice, to have access to doctors of their choice and to have access to counsel from the outset of their custody;

(g) Inter-prisoner violence and bullying in various institutions, including prisons, the military and educational institutions, as well as the presence of male guards in prisons for women where that may lead to an abuse of their authority.

114. The Committee recommends that:

(d) All persons deprived of their liberty be guaranteed the right to notify a close relative or third party of their choice, the right to have access to a lawyer of their choice from the very outset of their custody, and the right to have access to a doctor of their choice in addition to any medical examination carried out by the police authorities;

DENMARK (2002)

Conclusions and recommendations of the Committee against Torture: Denmark, 28/05/2002, CAT/C/CR/28/1.

5. It [the Committee] also notes with satisfaction:

(a) The adoption of the Amendment to the Act on the Administration of Justice, which has greatly tightened the controls over the use of solitary confinement, decreasing its use as well as providing for judicial control over solitary confinement while in remand;

(b) The circulars of the National Commissioner of Police prescribing, inter alia, earlier access by family to detainees, mandatory medical examination of all persons placed in a detention cell, and access to a lawyer and an interpreter without delay.

EGYPT
(2002)

Concluding Observations: Egypt, 20/11/2002, CAT/C/XXIX/Misc.4.

5. The Committee is concerned about the following:

(d) The many reports of abuse of under-age detainees, especially sexual harassment of girls, committed by law enforcement officials, the lack of monitoring machinery to investigate such abuse and prosecute those responsible, and the fact that minors are kept in places of detention in contact with adult detainees;

(e) The reports received concerning ill-treatment inflicted on men because of their real or alleged homosexual inclinations, apparently encouraged by the lack of adequate clarity in penal legislation;

6. The Committee recommends that the State party:

(e) Ensure that all detained persons have immediate access to a doctor and a lawyer, as well as contact with their families;

(j) Halt and punish all practices involving abuse of minors in places of detention, and ban the holding of under-age detainees with adult detainees;

(k) Remove all ambiguity in legislation which might underpin the persecution of individuals because of their sexual orientation. Steps should also be taken to prevent all degrading treatment on the occasion of body searches;

(1999)

Concluding Observations of the Committee against Torture: Egypt, 17/05/99, A/54/44, paras.197-216.

209. The allegation from the World Organization against Torture of treatment of female detainees, by both the police and the State Security Intelligence, which sometimes involves sexual abuse or threat of such abuse in order to obtain information relating to husbands or other family members.

212. It also recommends that effective steps be taken to protect women from threats of sexual abuse by police and officers of the State Security Intelligence as a means of obtaining information from them.

ESTONIA (2002)

Conclusions and recommendations of the Committee against Torture: Estonia, 23/12/2002, CAT/C/CR/29/5.

4. The Committee notes the following positive developments:

(e) The improvement of prison conditions through, in particular, the suppression of special punishment cells, the renovation of detention facilities and the opening of the new Tartu prison, which will conform to recognized international standards. The Committee also welcomes the entry into force on 1 December 2000 of the Imprisonment Act, based on the "European Prison Rules", as well as the power given to the Legal Chancellor and members of the Health Protection Office under the 2000 Internal Rules of Detention to have free access to all rooms in detention centres.

5. The Committee is concerned that:

(c) Isolated cases of ill-treatment of detainees by officials still occur in police stations. Although violence, including sexual violence, between prisoners in detention facilities and between patients in psychiatric facilities has diminished, the high risk of such incidents still remains. Conditions in old police detention centres are still of concern;

(d) The point at which a suspect or detainee can obtain access to a doctor of choice - assuming one is available at all - is not clear. In any event, there are legal exceptions to the right to have access to a lawyer and to "a person of choice" that could be abused by police. In general, no precise time frame is set for the exercise of the rights of persons detained in police custody.

6. The Committee recommends that the State party:

(c) Ensure close monitoring of inter-prisoner and inter-patient violence, including sexual violence, in detention and psychiatric facilities, with a view to preventing them;

(e) Strengthen the safeguards provided in the Code of Criminal Procedure against ill-treatment and torture, and ensure that, in law as well as in practice, persons in police custody and in remand have the right of access to a medical doctor of their choice, the right to notify a person of their choice of their detention and access to legal counsel. Legal exceptions to these rights should be narrowly defined. Persons deprived of their liberty, including suspects, should immediately be informed of their rights in a language that they understand. The right of criminal suspects to have a defence counsel should be extended to witnesses and to persons who have not yet been charged. The State party should introduce a precise chronology that would specify at what point the rights of all detainees may be exercised and must be respected.

7. The Committee recommends that the State party, in its next periodic report, which will be considered as the fourth periodic report and should be submitted by 19 November 2004:

(a) Provide detailed information concerning, in particular: (i) the precise mandate of and the results of the activities undertaken by the Legal Chancellor and the members of the Health Protection Office when visiting detention centres; (ii) the results of the activities of the Legal Chancellor in dealing with complaints of ill-treatment or torture by State officials;

(b) Explain how, in practice, the impartiality and objectivity of investigations of complaints of ill-treatment made by persons detained in police custody are ensured at all times;

(c) Provide statistical data disaggregated, inter alia, by gender, age, nationality and citizenship, on complaints of torture and ill-treatment by State officials, on the prosecutions initiated in response, and on the penal and disciplinary sentences pronounced.

GEORGIA
(2001)

Concluding observations of the Committee against Torture: Georgia, 07/05/2001, A/56/44, paras. 77-82.

81. The Committee expresses concern about the following:

(e) The lack of adequate access for persons deprived of liberty to counsel and doctors of their choice as well as visits of family members.

82. The Committee recommends that:

(h) In view of the insufficiency of statistical information available to the Committee during consideration of the report, the State party provide the Committee in its next periodic report with appropriate, comprehensive statistics disaggregated by gender, ethnicity and geographical region, as well as by complaint, type of prosecution and results, including all criminal offences relevant to the punishment of torture and other acts of cruel, inhuman or degrading treatment or punishment;

(i) Steps be taken to continue education and training activities on the prevention of torture and the protection of individuals from torture and ill-treatment for police and for the staff of prisons, as well as for forensic experts and medical personnel in prisons, in examining victims of torture and documenting acts of torture;

(j) Effective measures be taken to prosecute and punish violence against women as well as trafficking in women, including adopting appropriate legislation, conducting research and raising awareness of the problem as well as including the issue in the training of law-enforcement officials and other relevant professional groups.

(1996)

Concluding observations of the Committee against Torture: Georgia, 21/11/96, A/52/44, paras. 111-121.

121. The Committee recommends to the State party that:

(e) Rigorous educational programmes for the police, prison officers, doctors, prosecutors and judges be implemented to ensure that each group understands its constitutional role and its obligations under the Convention;

(f) Resources be made available to improve prison conditions as a matter of urgency, including the provision of appropriate medical facilities.

GERMANY (2004)

Conclusions and recommendations of the Committee against Torture: Germany, 11/06/2004, CAT/C/CR/32/7.

3. The Committee welcomes:

(f) The State party's passage of legislation to implement the Rome Statute of the International Criminal Court, which comprehensively codifies crimes against international law, including torture in the context of genocide, war crimes or crimes against humanity;

(h) The State party's initiative to establish the mandate of a Special Rapporteur of the United Nations Commission on Human Rights on trafficking in persons, especially in women and children.

5. The Committee recommends that:

(g) The State party offer, as a routine practice, medical examinations both before all forced removals by air and, in the event that they fail, thereafter;

GREECE
(2004)

Conclusions and Recommendations of the Committee against Torture: Greece, CAT/C/CR/33/2, 10 December 2004.

4. The Committee notes the following positive developments:

(v) The Law on Combating Trafficking in Human Beings (Law 3064/2002), criminalizing trafficking and punishing the perpetrators of such crimes with heavy sentences;

(vii) The circulars of the Chief of the Greek Police of July 2003 concerning the detention of undocumented migrants and that of November 2003 regarding the treatment of victims of trafficking;(b) The establishment of a Department for Children's Rights in the Office of the Ombudsman (Law 3094/2003) with a mandate to, inter alia, undertake investigations and research on specific issues considered particularly important;

C. Subjects of concern:
(c) Training provided to public officials which may be inadequate to provide an appropriate response to the numerous challenges they are faced with, including undocumented migrants and asylum seekers and victims of trafficking, many of whom are women and children;

(k) The reported prevalence of violence against women and girls, including domestic violence, and the reluctance on the part of the authorities to, inter alia, adopt legislative measures to counter this phenomenon;

(l) The inadequate measures taken to protect children picked up by the Security Police and taken into State care during the period 1998 2003. In particular, the Committee notes that of the approximately 600 children taken to the Aghia Varvara children's institution, 500 reportedly went missing and that these cases were not promptly investigated by a judicial authority;

6. The Committee recommends that the State party:

(l) Adopt legislation and other measures to combat violence against women, within the framework of plans to take measures to prevent such violence, including domestic violence, and to investigate all allegations of ill treatment and abuse;

(m) Review the modalities for protecting street children, in particular to ensure that those measures protect their rights. All decisions affecting children should, to the extent possible, be taken with due consideration for their views and concerns, with a view to finding an optimal, workable solution. The Committee urges the State party to take measures to prevent the recurrence of cases such as the Aghia Varvara children's institution. It should also ensure that a judicial investigation is carried out and provide the Committee with information on the outcome;

7. The Committee requests that the State party provide in its next periodic report detailed statistical data, disaggregated by crime, ethnicity and gender, on complaints relating to torture and ill treatment allegedly committed by law enforcement officials and on the related investigations, prosecutions, and penal and disciplinary sentences. Information is further requested on any compensation and rehabilitation provided to the victims.

(2001)

Concluding observations of the Committee against Torture: Greece, 08/05/2001, A/56/44, paras. 83-88.

88. The Committee recommends that:

(c) Such measures as are necessary, including training, be taken to ensure that in the treatment of vulnerable groups, in particular foreigners and ethnic and national minorities, law enforcement officers do not resort to discriminatory practices;

(d) Steps be taken to prevent and punish trafficking of women and other forms of violence against women.

ICELAND (2003)

Conclusions and recommendations of the Committee against Torture: Iceland, 27/05/2003, CAT/C/CR/30/3.

10. The Committee also recommends that:

(a) Doctors who are in contact with persons subjected to any form of arrest, detention or imprisonment be trained to recognize the sequelae of torture and in the rehabilitation of victims of torture or maltreatment.

INDONESIA (2001)

Conclusions and Recommendations of the Committee against Torture: Indonesia, 22/11/2001, CAT/C/XXVII/Concl.3.

7. The Committee is concerned about:

(f) Allegations of inadequate protection against rape and other forms of sexual violence, which are frequently alleged to be used as forms of torture and ill-treatment.

9. The Committee further expresses its concern about the following:

(j) The absence of statistics and other information regarding torture and other forms of cruel, inhuman or degrading treatment or punishment, disaggregated by gender, ethnic group, geographical region, and type and location of detention.

10. The Committee recommends that the State party:

(p) Include, in its next periodic report, statistical data regarding torture and other forms of cruel, inhuman or degrading treatment or punishment, disaggregated by, inter alia, gender, ethnic group, geographical region, and type and location of detention. In addition, information should be provided regarding complaints and cases heard by domestic bodies, including the results of investigations made and the consequence for the victims in terms of redress and compensation.

KAZAKHSTAN (2001)

Concluding observations of the Committee against Torture: Kazakhstan, 17/05/2001, A/56/44, paras. 121-129.

128. The Committee expresses its concern about the human rights situation in general, and in particular about the following:

(h) The overcrowding and lack of access to adequate medical care in prisons and pre-trial detention centres, and particularly in juvenile detention centres, where there are reports of incidents of self-mutilation by detainees; and concern that alternatives to imprisonment are not available to detainees and that the failure to provide adequate corrective programmes, education and training create situations leading to heightened recidivist levels;

(j) The absence of information in the report regarding torture and ill-treatment affecting women and girls, particularly in view of the rise in imprisonment rates of females and allegations of abusive treatment of women in police custody.

[The Committee requested the State party to:]

(m) Provide data in the next periodic report, disaggregated, inter alia, by age, gender, ethnicity and geography, on civil and military places of detention as well as on juvenile detention centres and other institutions where individuals may be vulnerable to torture or ill-treatment under the Convention; provide information in the next periodic report regarding the number, types and results of cases of punishment of police and other law enforcement personnel for torture and related offences, including those rejected by the court; provide full information on the results of criminal cases described in the State party's initial report and on the compensation provided, if any.

LATVIA (2004)

Conclusions and recommendations of the Committee against Torture: Latvia, 05/02/2004, CAT/C/CR/31/3.

4. The Committee notes with appreciation the ongoing efforts by the State party aimed at strengthening human rights in Latvia. In particular, the Committee welcomes the following:

(a) Legislative measures:

(vii) The draft new Amnesty Law, providing either for the release or the reduction of the term of imprisonment of those groups at risk, such as minors, pregnant women, women with infant children, disabled persons and the elderly.

6. The Committee expresses concern about the following:

(f) The overcrowding in prisons and other places of detention, taking into account, inter alia, the potential risk of this situation for the spread of contagious diseases;

(g) The fact that although the draft new Criminal Procedure Law has addressed many of the existing shortcomings, the Criminal Procedure Law currently in force does not include the right of a detainee to contact family members. Concern is also expressed about the information that access to a doctor of choice is subject to the approval of the authorities.

7. The Committee recommends that the State party:

(c) Guarantee that detainees in police custody have the right to contact their families and have access to a medical doctor of their choice and to legal counsel from the outset of their deprivation of liberty;

(e) Introduce legally enforceable time limits for the detention of rejected asylum-seekers who are under expulsion orders. In this respect, the State party is invited to provide statistics, disaggregated by gender, ethnicity, country of origin and age, relating to persons awaiting expulsion;

(g) Provide in the next periodic report detailed statistical data, disaggregated by age, gender and country of origin, on complaints related to torture and other ill-treatment allegedly committed by members of the police forces, as well as related investigations, prosecutions, and penal and disciplinary sentences;

LIBYAN ARAB JAMAHIRIYA (1999)

Concluding Observations of the Committee against Torture: Libyan Arab Jamahiriya, 11/05/99, A/54/44, paras. 176-189.

187. The Committee further recommends that the Libyan authorities guarantee the free access of a person deprived of his liberty to a lawyer and to a doctor of his choice and to his relatives at all stages of detention.

LITHUANIA (2004)

Conclusions and recommendations of the Committee against Torture: Lithuania, 05/02/2004, CAT/C/CR/31/5.

5. The Committee expresses concern about the following:

(d) Procedures related to expulsion of foreigners which in some instances may be in breach of article 3; the conditions in the facilities where foreigners awaiting expulsion are kept and the absence of data on the age, sex and country of destination of expelled foreigners or stateless persons, specifically those at the Foreigners Registration Centre;

6. The Committee recommends that the State party:

(b) Ensure that all detained persons have immediate access to a doctor and a lawyer, as well as contact with their families at all stages of detention (art. 2);

(i) Ensuring that health-care personnel are trained to identify signs of physical and psychological torture;

LUXEMBOURG (2002)

Conclusions and recommendations of the Committee against Torture: Luxembourg, 12/06/2002, CAT/C/CR/28/2.

3. The Committee commends the State party for maintaining a high level of respect for human rights in general and for its obligations under the Convention in particular.

4. The Committee notes the following positive developments:

(d) The Act of 31 May 1999 establishing the Grand Ducal police force and the General Police Inspection Department, whose main objective is the merger of the Police and the Gendarmerie. The Act also criminalizes, inter alia, trafficking in persons;

MAURITIUS (1999)

Concluding Observations of the Committee against Torture: Mauritius, 05/05/99, A/54/44, paras. 118-123.

120. The Committee takes note of the following, inter alia, positive aspects, many of which closely follow upon recommendations made by it during the consideration of the initial report:

MOLDOVA (2003)

Conclusions and recommendations of the Committee against Torture: Republic of Moldova, 27/05/2003, CAT/C/CR/30/7.

4. The Committee welcomes the following positive aspects:

(c) The efforts of the Moldovan authorities to improve prison conditions, inter alia by removing 89 per cent of the metal shutters which covered cell windows in remand prisons; increasing efforts regarding the treatment of tuberculosis patients; and increasing labour offers for detainees.

5. The Committee expresses concern about:

(b) The reported lack of prompt and adequate access by persons in police custody to legal and medical assistance, and to family members;

(m) The lack of training in the prevention of torture of law enforcement personnel, including doctors dealing with persons deprived of their liberty.

6. The Committee recommends that the State party:

(a) Ensure that the fundamental safeguards against torture and ill-treatment of detainees, including those held for administrative offences, are available in practice, including their right to medical assistance and legal counsel and to contact with their families from the earliest stages of their detention;

MOROCCO (2004)

Conclusions and recommendations of the Committee against Torture: Morocco, 05/02/2004, CAT/C/CR/31/2.

4. The Committee takes note of the following positive new developments:

(b) The broadening of the mandate of the Consultative Council on Human Rights (CCDH); the appointment of a "mediator", the Diwan al-Madhalim, responsible for considering cases of human rights violations submitted to him and for forwarding to the competent authorities the requisite proposals and recommendations; the establishment of the Mohamed VI Foundation for the reintegration of prisoners, which is presided over by the King himself; the establishment of the Human Rights Documentation, Information and Training Centre; the prison reform, including the adoption of measures to assist persons subjected to any form of detention or imprisonment, notably juveniles in the child protection centres, and the implementation of measures to ensure medical care and training for detainees and prisoners;

(c) The substantial reform of the relevant legislation initiated by the State party, in particular the Code of Criminal Procedure and the draft reform of the Criminal Code, in consultation with CCDH and the competent human rights associations, notably with regard to the presumption of innocence, the right to a fair trial, the right of appeal and consideration of the specific needs of women and juveniles;

(d) The remarkable efforts to develop training and education in the area of human rights, notably the organization by the Human Rights Documentation, Information and Training Centre of training for prison service officials, senior prison medical personnel and forensic physicians.

5. The Committee expresses concern about:

(c) The non-existence, during the period of police custody, of guarantees of rapid and appropriate access by persons in custody to a lawyer and a doctor, and to a relative.

6. The Committee recommends that the State party:

(c) Limit the period of police custody to a strict minimum and guarantee the right of persons in police custody to rapid access to a lawyer, a doctor and a relative;

(k) Provide in its next periodic report detailed statistics on complaints of acts of torture or other cruel, inhuman or degrading treatment or punishment perpetrated by public officials, and on inquiries, proceedings and criminal and disciplinary sanctions relating to those complaints, disaggregated by offence, age and sex of victim, and position of the perpetrator of the offence. The State party should also provide information on the results of any inspection of any place of detention, the measures taken by the authorities to find solutions to the problems of prison overcrowding, and action taken on allegations of violence between prisoners.

NETHERLANDS (2000)

Conclusions and Recommendations of the Committee against Torture: Netherlands, 16/05/2000, A/55/44, paras. 181-188.

187. The Committee expresses its concern about:

(b) Allegations of inter-prisoner violence, including sexual assault in Koraal Specht prison in the Netherlands Antilles.

188. The Committee recommends that:

(c) The practice of controlling prison discipline by the use, on a virtually daily basis, of riot squads, in the Netherlands Antilles should be reviewed and, in particular, efforts should be made to develop alternative means to prevent inter-prisoner violence. Such means should include the proper training of prison personnel;

(d) Relevant statistics should be provided to the Committee, disaggregated by gender and geography.

NORWAY (2002)

Conclusions and recommendations of the Committee against Torture: Norway, 28/05/2002, CAT/C/CR/28/3.

4. The Committee notes with satisfaction:

b) The issuance of guidelines on the notification of arrest to relatives and lawyers, as well as concerning the right to access to health care for persons in police custody.

RUSSIAN FEDERATION (2002)

Conclusions and recommendations of the Committee against Torture: Russian Federation, 06/06/2002, CAT/C/CR/28/4.

6. The Committee also expresses its concern about the following:

(c) The lack of adequate access for persons deprived of liberty, immediately after they are apprehended, to counsel, doctor and family members, an all-important safeguard against torture;

(e) The explanation by the State party that, despite numerous allegations of violence against women in custody, no formal complaint has been received on this issue. Despite the State party's efforts to release prisoners and reduce their number in general, the population of women in custody has doubled in the past decade;

(g) Distressing conditions of pre-trial detention, including the prevalence of tuberculosis and other diseases, as well as the poor and unsupervised conditions of detention in IVS (temporary police detention), and SIZOs (pre-trial establishment) facilities, including the practice of placing metal shutters in front of cell windows, preventing natural light and ventilation in the cells, reportedly because, by law, inmates are prohibited from communicating with one another.

7. In connection with the events in Chechnya, the Committee is particularly concerned over the following:

(a) Numerous and ongoing reports of severe violations of human rights and the Convention, including arbitrary detention, torture and ill-treatment, including forced confessions, extra-judicial killings and forced disappearances, particularly during "special operations" or "sweeps", and the creation of illegal temporary detention centres, including "filtration camps". Allegations of brutal sexual violence are unusually common. Additionally, armed units which are reported to be very brutal towards civilians have been sent again into the conflict area;

(b) Numerous armed units and forces operating under the authority of various departments and services in Chechnya, which hinders the identification of the personnel responsible for the reported abusive actions cited above;

8. The Committee recommends that the State party:

(b) Adopt measures to permit detainees access to a lawyer, doctor and family members from the time they are taken into custody; inform suspects and witnesses of their rights at the beginning of detention; and ensure that legal assistance and a doctor will be provided at the request of detained persons rather than solely when permitted by officials. Urgent consideration should be given to making a medical examination compulsory for persons when they enter IVS and SIZOs, and to the establishment of a health service independent from the Ministries of Internal Affairs and Justice to conduct such examinations;

(f) Consider the creation of an independent body to inspect prisons, monitor all forms of violence in custody, including sexual violence against both men and women, and all forms of inter-prisoner violence, including proxy violence with the acquiescence of officials. The participation of public defenders in the investigation stage following detention would offer a safeguard for detainees;

(j) Distribute and ensure implementation of appropriate instructions to all relevant officials on the prohibition of ill-treatment and acts of torture against children in institutions and prisons under the jurisdiction of the State.

10. The Committee further recommends that the State party:

(a) Provide requested data to the Committee, including information disaggregated, inter alia, by age, gender, ethnicity and geography, on civil, military and other places of detention as well as on juvenile detention centres and other relevant institutions; and provide information in the next periodic report regarding the number, types and results of cases of punishment of police and other law enforcement personnel for torture and related offences, including those rejected by the court.

SAUDI ARABIA (2002)

Conclusions and recommendations of the Committee against Torture: Saudi Arabia, 12/06/2002, CAT/C/CR/28/5.

4. The Committee is concerned about the following:

(e) Reports of incommunicado detention of detained persons, at times for extended periods, particularly during pre-trial investigations. The lack of access to external legal advice and medical assistance, as well as to family members, increases the likelihood that conduct violating the Convention will not be appropriately pursued and punished;

8. The Committee recommends, in particular, that the State party:

(c) Ensure that its laws are in practice applied to all persons, regardless of nationality, gender, religious affiliation or other distinction, insofar as issues arising under the Convention are concerned;

SLOVAKIA (2001)

Concluding observations of the Committee against Torture: Slovakia, 11/05/2001, A/56/44, paras. 99-105.

104. The Committee expresses concern about the following:

(g) The lack of adequate guarantees of the rights of persons deprived of liberty to have access to counsel and a doctor of their choice, as well as prompt medical examinations.

105. The Committee recommends that the State party:

(f) Adopt measures to prevent inter-prisoner violence, including sexual violence, in places of detention and provide all relevant information on such practices in its next report;

(g) Provide the Committee in its next periodic report with statistical information on persons confined in State institutions, both civilian and military, for purposes of detention, correction, psychiatric health, specialized education, etc., with data disaggregated by, inter alia, by age, ethnicity, gender and geographical region.

SLOVENIA (2003)

Conclusions and recommendations of the Committee against Torture: Slovenia, 27/05/2003, CAT/C/CR/30/4..

5. The Committee expresses concern about the following:

(e) There is no adequate legal guarantee of the right of persons deprived of liberty to have access to a doctor of their choice from the outset of their custody. The Committee notes article 74 of the Rules on Police Powers making provision for medical assistance, but considers that this is not sufficient as a safeguard against ill-treatment and torture.

6. The Committee recommends that the State party:

(e) Strengthen the safeguards provided in the Code of Criminal Procedure against ill-treatment and torture and ensure that, in law as well as in practice, all persons deprived of their liberty are guaranteed the right to have access to an independent doctor. Privacy of medical examinations should be ensured.

SPAIN (2002)

Conclusions and recommendations of the Committee against Torture: Spain, 23/12/2002, CAT/C/CR/29/3.

9. Of particular concern are the complaints concerning the treatment of immigrants, including sexual abuse and rape, allegedly on racist or xenophobic grounds. The Committee notes that Spain has become an important gateway to Europe for immigrants, and that this has meant a significant increase in the country's foreign population. In this context the omission from the definition of torture in article 174 of the Penal Code of torture "based on discrimination of any kind," notwithstanding the fact that, under the Code, racism is deemed to be an aggravating factor in any offence, takes on particular importance.

10. The Committee continues to be deeply concerned by the fact that incommunicado detention up to a maximum of five days has been maintained for specific categories of particularly serious offences. During this period, the detainee has no access to a lawyer or to a doctor of his choice nor is he able to notify his family. Although the State party explains that incommunicado detention does not involve the complete isolation of the detainee, who has access to an officially appointed lawyer and a forensic physician, the Committee considers that the incommunicado regime, regardless of the legal safeguards for its application, facilitates the commission of acts of torture and ill-treatment.

SWITZERLAND (1997)

Concluding observations of the Committee against Torture: Switzerland, 27/11/97, A/53/44, paras. 80-100.

91. The Committee regrets the non-existence in some cantons of legal guarantees, such as the possibility for a detainee to contact a family member or lawyer immediately after his or her arrest and to be examined by an independent doctor at the commencement of police custody or when he or she is brought before an examining magistrate.

93. The Committee is concerned about allegations made by non-governmental organizations that, during the expulsion of certain aliens, doctors have engaged in medical treatment of those persons without their consent.

96. The Committee emphasizes the need to allow suspects to contact a lawyer or family member or friend and to be examined by an independent doctor immediately upon their arrest, or after each session of questioning, and before they are brought before an examining magistrate or released.

100. Lastly, the Committee recommends that the authorities should investigate the allegations of medical treatment carried out on persons who are being expelled, without their consent.

TUNISIA (1998)

Concluding observations of the Committee against Torture: Tunisia, 19/11/98, A/54/44, paras. 88-105.

97. The Committee is concerned that many of the regulations existing in Tunisia for arrested persons are not adhered to in practice, in particular:

99. The Committee is particularly disturbed by the abuses directed against female members of the families of detainees and exiled persons. It has been reported that dozens of women were subjected to violence and sexual abuses or sexual threats in order to put pressure on or to punish their imprisoned or exiled relatives.

100. The Committee feels that, by constantly denying these allegations, the authorities are in fact granting those responsible for torture immunity from punishment, thus encouraging the continuation of these abhorrent practices.

TURKEY (2003)

Conclusions and recommendations of the Committee against Torture Turkey, 27/05/2003, CAT/C/CR/30/5.

5. The Committee expresses concern about:

(c) Allegations that persons in police custody have been denied prompt and adequate access to legal and medical assistance and that family members have not been promptly notified of their detention.

6. The Committee is also concerned about:

(a) The lack of training of medical personnel dealing with detainees in matters relating to the prohibition of torture.

7. The Committee recommends that the State party:

(a) Ensure that detainees, including those held for offences under the jurisdiction of State Security Courts, benefit fully in practice from the available safeguards against ill-treatment and torture, particularly by guaranteeing their right to medical and legal assistance and to contact with their families;

(l) Provide in the next periodic report detailed statistical data, disaggregated by crime, region, ethnicity and gender, on complaints relating to torture and ill-treatment allegedly committed by law enforcement officials, as well as related investigations, prosecutions, and penal and disciplinary sentences;

UKRAINE (2001)

Conclusions and Recommendations of the Committee against Torture: Ukraine, 21/11/2001, CAT/C/XXVII/Concl.2.

4. The Committee expresses its concern about the following:

(j) The overcrowding and lack of access to basic hygiene facilities and adequate medical care, as well as the high incidence of tuberculosis in prisons and pre-trial detention centres.

5. The Committee recommends that the State party:

(l) Expedite the process of training of law enforcement and medical personnel, as to their duties to respect the rights and dignity of persons deprived of liberty;

(m) Take effective measures to prevent and punish trafficking of women and other forms of violence against women.

UNITED KINGDOM OF GREAT BRITAIN AND NORTHERN IRELAND (2004)

Conclusions and Recommendations of the Committee against Torture: United Kingdom of Great Britain and Northern Ireland - Dependent Territories, CAT/C/CR/33/3, 10 December 2004.

3. The Committee notes:

(c) the entry into force of the Female Genital Mutilation Act 2003 covering acts committed by United Kingdom nationals or residents either in the State party or abroad;

(h) with respect to the British Virgin Islands, the establishment of the Human Rights Reporting Coordinating Committee; with respect to Guernsey, the enactment of the Human Rights (Bailiwick of Guernsey) Law 2000; with respect to Isle of Man, the enactment of the Human Rights Act 2001; and with respect to Bermuda, the complaint mechanism introduced by the Police Complaints Act 1998.

4. The Committee expresses its concern at:

(g) reports of unsatisfactory conditions in the State party's detention facilities including substantial numbers of deaths in custody, inter prisoner violence, overcrowding and continued use of "slopping out" sanitation facilities, as well as reports of unacceptable conditions for female detainees in the Hydebank Wood prison, including a lack of gender sensitive facilities, policies, guarding and medical aid, with male guards alleged to constitute 80% of guarding staff and incidents of inappropriate threats and incidents affecting female detainees.

5. The Committee recommends that:

(l) the State party should develop an urgent action plan, including appropriate resort to criminal sanctions, to address the subjects of concern raised by the Committee in paragraph 4(g) as well as take appropriate gender sensitive measures;

(n) the State party should consider offering, as routine practice, medical examinations before all forced removals by air and, in the event that they fail, thereafter.

UNITED STATES OF AMERICA (2000)

Conclusions and Recommendations of the Committee against Torture: United States of America, 15/05/2000, A/55/44, paras. 175-180.

179. The Committee expresses its concern about:

(d) Alleged cases of sexual assault upon female detainees and prisoners by law enforcement officers and prison personnel. Female detainees and prisoners are also very often held in humiliating and degrading circumstances.

180. The Committee recommends that the State party:

(b) Take such steps as are necessary to ensure that those who violate the Convention are investigated, prosecuted and punished, especially those who are motivated by discriminatory purposes or sexual gratification.

UZBEKISTAN (2002)

Conclusions and Recommendations of the Committee against Torture: Uzbekistan, 06/06/2002, CAT/C/CR/28/7.

5. The Committee expresses concern about the following:

(b) The lack of adequate access for persons deprived of liberty, immediately after they are apprehended, to independent counsel, a doctor or medical examiner and family members, an important safeguard against torture;

(d) A lack of practical training for (i) doctors in the detection of signs of torture or ill-treatment of persons who have been or are in custody, and (ii) law enforcement personnel and judges in initiating prompt and impartial investigations;

(f) Adopt measures to permit detainees access to a lawyer, a doctor and family members from the time they are taken into custody and ensure that doctors will be provided at the request of detained persons without the need to obtain the permission of prison officials; and maintain a register with the names of all detainees, the times at which notifications of lawyers, doctors and family members have taken place and the results of medical examinations; this register should be accessible to the lawyers and others as appropriate;

(m) Provide data in the next periodic report, disaggregated, inter alia, by age, gender, ethnicity and geography, on civil and military places of detention as well as on juvenile detention centres and other institutions where individuals may be vulnerable to torture or ill-treatment under the Convention; provide information in the next periodic report regarding the number, types and results of cases, both disciplinary and criminal, of police and other law enforcement personnel accused of torture and related offences.

VENEZUELA
(2002)

Conclusions and recommendations of the Committee against Torture: Venezuela, 23/12/2002, CAT/C/CR/29/2.

10. The Committee expresses its concern at the following:

(d) Complaints of threats and attacks against sexual minorities and transgender activists, particularly in the State of Carabobo;

(h) The lack of information, including statistical data, on torture and cruel, inhuman or degrading treatment or punishment, broken down by nationality, gender, ethnic group, geographical location and type and place of detention.

12. The Committee requests that the State party should include statistical data in its next periodic report, broken down, inter alia, by nationality, age and gender of the victims, and an indication of the services to which the persons accused belong, with regard to cases under the Convention coming before domestic bodies; it should also include the results of the investigations carried out and the consequences for the victims in terms of redress and compensation.

(1999)

Concluding observations of the Committee against Torture: Venezuela, 05/05/99, A/54/44, paras. 124-150.

133. The Act intended to combat violence against women and the family has entered into force; and the Organizational Act for the Protection of Children and Adolescents has been approved, and will enter into force next year. Both laws are intended to improve the protection of two particularly vulnerable social sectors who frequently fall victim to discrimination, abuse or cruel, inhuman or degrading treatment.

YEMEN (2004)

Conclusions and recommendations of the Committee against Torture: Yemen, 05/02/2004, CAT/C/CR/31/4.

6. The Committee expresses concern about the following:

(d) The failure in practice to enable detained persons to obtain access to a lawyer, a doctor of their choice or relatives from the outset of their detention;

(h) The situation of women who have served their prison sentences but who remain in prison for prolonged periods;

(i) The Committee is concerned at the low minimum age of criminal responsibility and at the detention of child offenders as young as 7 years in specialized hospitals or social protection institutions.

7. The Committee recommends that the State party:

(c) Ensure that all detained persons have immediate access to a doctor and a lawyer, as well as contact with their families, at all stages of detention and that detainees held by the Political Security Department are given prompt access to judges;

(j) Ensure the right of torture victims to fair and adequate compensation from the State and set up programmes for the physical and psychological rehabilitation of victims;

(k) Continue and expand efforts to establish "half-way homes" for women in order to avoid their remaining in prison beyond the expiration of their sentence;

(l) Review the minimum age of criminal responsibility and ensure that all protective institutions and other places of detention meet international juvenile justice standards, including those of the Convention.

8. The Committee recommends that the next State party report should comply with the reporting guidelines of the Committee and include, inter alia:

(b) Detailed statistical data, disaggregated by crime, geographical location, ethnicity and gender, on complaints relating to torture and ill-treatment allegedly committed by law enforcement officials, as well as related investigations, prosecutions, and penal and disciplinary sentences.

ZAMBIA (2001)

Conclusions and Recommendations of the Committee against Torture: Zambia, 23/11/2001, CAT/C/XXVII/Concl.4.

7. Concern is also expressed regarding the:

b) Poor prison conditions that affect the health of both inmates and wardens, in particular the lack of health care staff and medicines as well as serious overcrowding;

c) Incidence of violence against women in society, which is illustrated by reported incidents of violence in prisons and domestic violence.

8. The Committee recommends that the State party undertake the following:

h) Establish programmes to prevent and combat violence against women, including domestic violence.