The UN Committee against Torture (CAT) immediately issued its findings on Armenia, France, Mauritius, Monaco, Turkmenistan and Ukraine after reviewing the six States events in its newest session.
The findings comprise the Committee’s principal issues and suggestions on every nation’s implementation of the Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment. Key highlights embody:
Armenia
The Committee counseled Armenia’s new Prison and Prison Process Codes, noting the broader definition of torture, stronger procedural safeguards, and extra non-custodial measures. Nonetheless, it was involved that the minimal penalty for torture remained too low and really useful that the State get together be certain that penalties are commensurate with the gravity of the crime. It additionally raised concern in regards to the persistently excessive variety of pretrial detainees and referred to as for higher coaching for prosecutors and judges, satisfactory sources, and clear laws to assist utilizing non-custodial options.
The Committee welcomed the State get together’s preliminary efforts to maneuver towards a deinstitutionalised mannequin of psychiatric and social care however was involved in regards to the continued lack of community-based companies and authorized safeguards for residents, notably concerning criticism mechanisms and critiques of involuntary placements. It urged the State get together to strengthen authorized and procedural protections in regulation and apply. The Committee additionally raised issues about the usage of bodily and chemical restraints, recommending lowered reliance on coercion and strict compliance with home and worldwide requirements.
France
The Committee expressed its deep concern over quite a few reviews of extreme use of pressure, together with deadly pressure, and ill-treatment by regulation enforcement officers, notably throughout site visitors stops, arrests, pressured evictions, and demonstrations. It famous that these abuses disproportionately have an effect on minorities, particularly individuals of African descent, individuals of Arab origin or Muslim faith, Indigenous peoples, and non-nationals. The Committee urged France to make sure immediate, neutral investigations by an unbiased physique, accountability for perpetrators, and satisfactory redress for victims and their households.
The Committee was involved about persistent jail overcrowding and poor materials situations in lots of detention services, notably in abroad territories. It additionally said its concern over ongoing violence amongst detainees and reviews of ill-treatment by jail workers. The Committee really useful that France proceed its efforts to enhance detention situations and to cut back overcrowding in prisons and different detention locations, together with by establishing a binding jail regulation mechanism and resorting to non-custodial measures and sentence changes. It additional referred to as for thorough investigations into all allegations of ill-treatment, accountability for perpetrators, redress for victims, and stronger measures to forestall, monitor and management violence amongst detainees.
Mauritius
The Committee was involved by quite a few reviews of torture, deaths in police custody, and police violence and abuse in Mauritius, in addition to allegations of police interference in investigations of complaints of their misconduct, victims’ worry of reprisals, and ineffective protecting measures. Whereas noting the State get together’s pledge to undertake a code of apply and strengthen police coaching, the Committee urged Mauritius to make sure the Unbiased Police Complaints Fee is satisfactorily resourced and empowered to analyze all torture and ill-treatment promptly, impartially and successfully and prosecute perpetrators as acceptable. It additionally referred to as for stronger measures to forestall reprisals concentrating on victims, their households, and authorized representatives.
Notably about reported deaths in police custody, the Committee famous with concern that only some circumstances had led to investigations or prosecutions. It referred to as upon Mauritius to make sure all such deaths are promptly and independently investigated, together with by way of unbiased forensic examinations, according to the Minnesota Protocol. It additionally requested the State get together to offer the Committee with detailed information on all deaths in detention, their causes, and investigation outcomes.
Monaco
The Committee raised issues about reviews that the “Maison d’arrêt de Monaco” is structurally incompatible with its present goal and unsuitable for extended detention. It was additionally involved that pre-trial detainees nonetheless want particular authorisation from judicial authorities to obtain guests or make cellphone calls. Acknowledging the authorities’ land-use constraint, the Committee urged Monaco to contemplate shifting prisoners to a brand new detention facility that meets worldwide requirements on deprivation of liberty and the prevention of ill-treatment. Within the meantime, it really useful additional efforts to enhance residing situations on the present “Maison d’arrêt de Monaco”, together with by permitting visits and cellphone requires pre-trial detainees with out requiring particular authorization from the judicial authorities.
The Committee was involved in regards to the reported precarious working situations confronted by many migrant home and undeclared staff, particularly within the building, hospitality, and catering sectors, in addition to on personal yachts. It additionally expressed concern over the present laws that criminalises irregular migration. The Committee urged the State get together to strengthen the labour inspectorate to raised monitor the state of affairs of migrant staff, specifically home staff, together with as regards to their recruitment and dealing situations. It additionally really useful growing efforts to tell migrant staff about their rights and the best way to file complaints. Lastly, it referred to as on the State get together to repeal the authorized provisions criminalising irregular migration and to contemplate ratifying the International Convention on the Protection of the Rights of All Migrant Workers and Members of Their Families.
Turkmenistan
The Committee was alarmed at persistent reviews of widespread torture and ill-treatment in Turkmenistan, together with extreme beating and different severe abuse usually used to extract confessions, each in pretrial detention and prisons. It was notably disturbed by the focused abuse of people perceived to be gay, highlighting the discriminatory and systemic nature of such remedy. Regardless of some audio-visual monitoring in detention services, these measures have confirmed inadequate. The Committee stated the shortage of open investigations and prosecutions displays a worrying sample of institutional impunity. It urged the State get together to undertake a zero-tolerance coverage in the direction of torture, together with a transparent assertion from senior management, and to make sure all allegations are promptly investigated, perpetrators held accountable, and victims absolutely compensated.
The Committee welcomed the adoption of the Ombudsman Act and Turkmenistan Ombudsperson’s current “B” standing accreditation by the International Alliance of Nationwide Human Rights Establishments (GANHRI). Nonetheless, it raised issues over the Ombudsperson’s restricted independence and authority, notably the failure to deal with severe human rights violations comparable to torture, enforced disappearances, and gender-based violence. The dearth of obtained complaints additionally raised doubts in regards to the accessibility and credibility of the mechanism. The Committee urged full implementation of GANHRI’s 2024 suggestions, together with establishing an unbiased physique with the capability to conduct unannounced visits to all detention websites and personal interviews with detainees and reply successfully to abuse allegations.
Ukraine
The Committee acknowledged the challenges Ukraine faces in implementing the Conference as a result of Russian Federation’s full-scale aggression and occupation of its territory. Nonetheless, it recalled that the Conference applies all through Ukraine’s territory and referred to as for the State get together to take all potential steps to make sure implementation of the Conference, accountability, and entry to fact, justice, and reparation for victims. Whereas noting Ukraine’s dedication to uphold worldwide humanitarian and human rights regulation through the ongoing battle, the Committee expressed concern over reviews of torture, ill-treatment, and different violations in opposition to Russian prisoners of battle by Ukrainian forces. It underscored that the prohibition of torture is absolute and non-derogable, that no distinctive circumstances in any way could also be invoked as a justification of torture and that the obligations stemming from this prohibition weren’t topic to reciprocity, and reminded Ukraine of its obligations below worldwide humanitarian and human rights regulation. The Committee requested the State get together to proceed to clarify condemnation of such violations on the highest ranges, conduct immediate and neutral investigations into all torture allegations, and guarantee full procedural safeguards, together with entry to medical screening upon each switch and entry into a brand new facility for all captured combatants.
The Committee expressed concern that preliminary confidential medical examinations aren’t routinely granted in Ukraine and are reportedly usually carried out within the presence of law enforcement officials. It referred to as upon Ukraine to ensure elementary authorized safeguards for all detainees from the outset of deprivation of liberty, together with the proper to request and obtain a medical examination by an unbiased physician, freed from cost, or a health care provider of their selection, carried out out of listening to and sight of law enforcement officials, except the physician involved explicitly requests in any other case.
The above findings, formally referred to as Concluding Observations, at the moment are obtainable on the session page.
Distributed by APO Group on behalf of United Nations: Workplace of the Excessive Commissioner for Human Rights (OHCHR).
