Special Rapporteur on Torture Tells Third Committee Use of Prolonged Solitary Confinement on Rise

8/11/2019 Special Rapporteur on Torture Tells Third Committee Use of Prolonged Solitary Confinement on Rise

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18 October 2011

General AssemblyGA/SHC/4014

Department of Public Information News and Media Division New York

Sixty-sixth General AssemblyThird Committee

21st& 22ndMeetings (AM & PM)

SPECIAL RAPPORTEUR ON TORTURE TELLS THIRD COMMITTEE USE OF PROLONGEDSOLITARY

CONFINEMENT ON RISE, CALLS FOR GLOBAL BAN ON PRACTICE

Committee Also Hears from Chairs of Monitoring Body for Convention

Against Torture; Subcommittee on Prevention, Created by Optional Protocol

The Human Rights Councils Special Rapporteur on Torture today proposed to the ThirdCommittee (Social, Humanitarian and Cultural) a worldwide ban on the practice of prolonged solitaryconfinement, which had increased throughout the globe, especially in the context of the war on terrorand threats to national security.

Juan Mndez one of three top United Nations officials to address the Committee today on theissue of torture said solitary confinement was subject to wide abuse around the world. Further, therewas no universally agreed-upon definition for the practice which was alternately known as anythingfrom segregation to Supermax, or the hole - so he defined it in his report as the physical and socialisolation of individuals who are confined to their cells for 22 to 24 hours a day.

Given the absence of an international standard for its permitted maximum overall duration, hesuggested 15 days as the limit between solitary confinement and prolonged solitary confinement, sinceat that point, according to his research, some harmful psychological effects of isolation could becomeirreversible. In my report, I propose a worldwide ban on prolonged solitary confinement, he said.

Pressed by delegates for the rationale of a 15-day deadline for solitary confinement during aquestion and answer session, he said it was somewhat arbitrary, and subjective factors determinedwhether or not anything beyond that period was torture. Some studies said confinement after sevendays created a long-term psychological impact, but for practical purposes he proposed a 15-day limit.

Also today, Claudio Grossman, Chair of the monitoring body for the Convention against Tortureand Other Cruel, Inhuman or Degrading Treatment or Punishment, said the Convention, which now had149 States parties, had helped advance the unequivocal and absolute prohibition of torture and cruel,inhuman and degrading treatment or punishment.

Despite these important developments, we cannot affirm that torture has decreased, he said,noting there were refusals to adopt clear definitions of torture, to criminalize it and to establish adequatepenalties. Rendition of suspects to countries that used torture was still a means of investigation andinterrogation, and forced disappearances continued to deny basic legal safeguards. At the same time,rehabilitation and redress were rarely provided to victims or their families. Achieving the goals of theConvention is doable. Let us recommit ourselves to the full realization of those goals, he urged.

He voiced serious concerns about reporting delays, noting that 30 States had yet to presenttheir initial report, many of which were over a decade overdue. He called on those States parties topromptly submit their overdue initial reports. Additionally, past due periodic reports of which therewere at least 65 should be submitted without further delay.

At the same time, insufficient resources continued to pose significant challenges to the


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Committees work. Currently, there were 101 petitions pending, and States parties must play a leadingrole in finding permanent solutions to the resource and workload issues, he said.

Malcolm Evans, Chairperson of the Subcommittee on the Prevention of Torture, agreed thatresources were not sufficient. Although it was mandated to visit places of detention and assist nationalmeasures to prevent torture, the Subcommittee only had funds to visit three countries per year

At a rate of three per year, a country might only receive a full visit from the Subcommittee every20 years or so, and this is clearly not what was intended, he said, adding that the Subcommittee hadrecently expanded its membership from 10 to 25, making it the largest of the United Nations humanrights treaty bodies.

In the general discussion that followed, several representatives welcomed efforts to make treatybodies more efficient and better equipped to deal with the growing number of States parties. CostaRicas delegate said he awaited with interest the report on treaty body reform to be presented by theHigh Commissioner for Human Rights in early 2012.

The representative of the European Union said the independence and expertise of the membersof treaty bodies needed to be guaranteed. Chinas delegate, however, said treaty bodies should, inaccordance with principles of objectivity and impartiality, engage in dialogue with States parties toensure that their conclusions and recommendations matched the conditions of States parties.

The Assistant Secretary-General for Human Rights Ivan !imonovi", who heads the New YorkOffice of the High Commissioner for Human Rights, introduced the related reports today.

Also today, the Committee heard the introduction of three draft texts on promoting socialintegration through social inclusion, follow-up to the tenth anniversary of the International Year of theFamily and beyond, and improvement of the situation of women in rural areas.

Also participating in the general discussion today were the representatives of New Zealand (alsoon behalf of Canada and Australia), Nigeria, Venezuela, Nicaragua, Egypt, Algeria, Jordan, Japan,Kyrgyzstan, Cuba, Pakistan, Morocco, India, Ukraine and Iran.

The Committee will reconvene at 10 a.m. Wednesday, 19 October, to begin its consideration ofhuman rights questions and situations and the reports of special rapporteurs and representatives. It willhear statements from the High Commissioner for Human Rights and the Secretary-Generals SpecialAdviser on Myanmar, as well as presentations from the Special Rapporteurs on Iran, Myanmar and theDemocratic Peoples Republic of Korea.

Background

The Third Committee (Social, Humanitarian and Cultural) met today to begin its generaldiscussion on the implementation of human rights instruments and comprehensive implementation offollow-up to the Vienna Declaration and Programme of Action.

It had before it a letter dated 1 June 2011 from the Permanent Representative of Namibia to theUnited Nations addressed to the Secretary-General (documentA/66/87) transmitting four resolutionsadopted by the 124th Assembly of the Inter-Parliamentary Union, which was held in Panama City from15 to 20 April 2011. Those texts address: transparency and accountability in the funding of politicalparties and election campaigns; providing a sound legislative framework aimed at preventing electoralviolence; improving election monitoring and ensuring the smooth transition of power; strengtheningdemocratic reform in emerging democracies, including in North Africa and the Middle East; and the roleof parliaments in ensuring sustainable development through the management of natural resources,agricultural production and demographic change.

It was expected to consider the report of the Human Rights Committee (documents A/66/40Supplemental Vol. I and A/66/40 Supplemental Vol. II) and the report of the Committee against Torture(document A/66/44 Supplemental), which are to be issued.

The Committee also had before it the report of the Committee on the Protection of the Rights ofAll Migrant Workers and Members of Their Families (documentA/66/48). The report containsinformation including: organization matters such as the Committees meetings and sessions,
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membership and attendance, commemoration of the twentieth anniversary of the Convention,presentation and adoption of reports, cooperation with bodies concerned and reports by States partiesunder article 73 of the International Convention on the Rights of All Migrant Workers and Members ofTheir Families. Within the consideration of reports by States parties, in accordance with article 74 of theConvention, the document offers numerous suggestions and recommendations.

Also before the Committee was the report of the Committee on the Rights of Persons withDisabilities (documentA/66/55), which summarizes its work over four sessions from February 2009 toOctober 2010. At its fourth session, it decided to request the General Assembly provide financialsupport to expand its meeting time, as it faced a backlog of pending reports amounting to a five-yeardelay between their receipt and examination.

The Committee also had before it the report of the Secretary-General regarding the status of theUnited Nations Voluntary Trust Fund on Contemporary Forms of Slavery (document:A/66/217), whichreceives voluntary contributions from Governments, non-governmental organizations and individuals,and provides aid to individuals whose human rights have been severely violated through contemporaryforms of slavery. The Fund received over 240 applications for grants amounting to approximately$3.75 million in 2010, but the Board of Trustees was only able to recommend grants amounting to$555,115, representing less than 15 per cent of the total amount requested. To meet applications for2011, the Fund will need at least $1.5 million in new contributions prior to the November 2011 session ofthe Board of Trustees. Past donors were urged to increase their contributions, and those who have yetto donate to do so.

Also before it was the report of the Secretary-General on measures to improve further theeffectiveness, harmonization and reform of the treaty body system (documentA/66/344). The reportprovides information on workloads of treaty bodies and current use of available resources, saying a lackof resources is weakening States parties accountability under international human rights law and thatfunding to treaty bodies should come from the regular budget. It also provides recommendations on howto tackle backlogs in the short-term and how the system could work over the long-term without futurebacklogs. In the short-term, current backlogs can be reduced through additional meeting time, based onactual workloads. In the long-term, planning can be made through a fixed calendar, based on100 per cent compliance with State party reporting obligations. It concludes that the General Assemblymay wish to undertake a comprehensive review of the resources for the treaty body system, taking intoaccount its current and projected needs.

Additionally, the Committee had before it the report of the Secretary-General regarding theUnited Nations Voluntary Fund for Victims of Torture (documentA/66/276), which receives voluntarycontributions from Governments, non-governmental organizations and individuals, and provides grantsto non-governmental organizations for medical, psychological, social, financial, legal, humanitarian orother forms of assistance to victims of torture and their families. The Fund received more than$9.5 million in contributions in 2010-2011, but its Board of Trustees faced a shortfall of over $2 millionfor requests in 2010, and made cuts for the 2011 grants cycle. Unless more contributions are received,the Board will still face a significant shortfall for the approximately $22 million in requests expected byorganizations in 2012. The biggest single contributor has been the United States, which provided$7.1 million in 2010. Past donors were urged to increase their contributions, and those who have yet to

donate to do so.

The Committee also had before it the Note by the Secretary-General on effectiveimplementation of international instruments on human rights, including reporting obligations underinternational instruments on human rights (document A/66/175). The report concerns the twenty-thirdmeeting of the Chairs of the United Nations human rights treaty bodies (treaty bodies), which was heldin Geneva on 30 June and 1 July 2011.

Recommendations include stronger guarantees for independence and competence of electionsand terms of treaty body members; holding the meeting of Chairs in different regions every year to maketreaty bodies more accessible to all stakeholders; and undertaking joint activities, including statements

and general comments or recommendations.

The Committee also had before it the Note by the Secretary-General on the Special Fundestablished by the Optional Protocol to the Convention against Torture and Other Cruel, Inhuman orDegrading Treatment or Punishment (documentA/66/259). The report contains information on thestatus of the Special Fund, including its financial situation and the process of making a contribution. Atthe time of writing, the following contributions to the Special Fund had been received: $20,271 from the
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Czech Republic, $5,000 from the Maldives, $82,266 from Spain and $855,263 from the UnitedKingdom. The report concludes by strongly encouraging that Governments contribute to the SpecialFund, in order to provide it with the resources to carry out its mandate.

Finally, the Report of the United Nations High Commissioner for Human Rights (documentA/66/36) provides an overview of the activities of the Commissioners Office in the past year. It noteshow developments in the work of the Human Rights Council, universal periodic review and initiatives toharmonize the methods of treaty bodies offered opportunities to strengthen the international system ofprotecting and promoting human rights. With the review of the Human Rights Council completed inMarch 2011, the Commissioner urged it to respond to situations in a timely manner, including throughmore creative modes of work. The report also gives an overview of the work of the Office of the United

Nations High Commissioner for Human Rights (OHCHR) in the field through thematic priorities such ascountering discrimination, pursuing economic rights, human rights in the context of migration, combatingimpunity, and strengthening human rights in situations of armed conflict.

The Office had sought to seize momentum created by the Arab Spring protests in North Africaand the Middle East, through interventions on the ground and in the Organizations policymakingforums. The Commissioner welcomes some promising steps to initiate long-overdue reforms, butemphasizes the range of issues that brought people into the streets need to be addressed. The reportconcludes that the Office had been challenged to give its increasing number of mandates the attentionthey demanded and deserved. Thus, the Commissioner welcomed the decision of the GeneralAssembly to, during its current session, consider ways in which essential resources could be made more

available in response to urgent Council mandates.

Statement by Assistant Secretary-General

IVAN !IMONOVI#, Assistant Secretary-General for Human Rights and head of the New YorkOffice of the United Nations High Commissioner for Human Rights (OHCHR), said he was pleased topresent several reports on implementation of human rights instruments. The report of the Secretary-General on measures taken to further improve the effectiveness of, harmonizing, and reforming thetreaty body system provided information on workloads by treaty bodies, current use of availableresources and the ongoing treaty body strengthening process, he said. The proposals from that processwould be compiled in a report to be launched by the High Commissioner for Human Rights in 2012, but itwould also be advantageous if a way could be found for the report to be presented to the GeneralAssembly next year.

The report made two proposals on how to tackle current backlogs, he said. In the short-term, toaddress current backlogs, it proposed that every two years a comprehensive request be presented formeeting time for all treaty bodies, based on their actual workload in terms of reports submitted. In thelong-term, it proposed planning be made through a fixed calendar based on 100 per cent compliancewith the reporting schedule, he said. The report also responded to the Assemblys request for equitablegeographical distribution in membership and chairs of human rights treaty bodies, he said.

But, he noted that the Third Committee did not address the operational requirements of treatybodies systematically in one resolution, he said. They were dispersed in a number of separate

resolutions tabled on an annual or biannual basis. It could be worthwhile to consider ways to addressissues related to the treaty body system as a whole, such as this report and the proposals it contained,he said.

Presenting the report of the chairpersons of the human rights treaty bodies on their twenty-thirdmeeting, he said chairpersons discussed the expertise and independence of treaty body members, aswell as ways to enhance their annual meeting. They recommended their meeting be held every secondyear outside Geneva in a different region to raise the awareness about the human rights treaty bodieswork, while strengthening links and implementation between international and regional human rightsmechanisms and institutions. To that end, they decided their twenty-fourth meeting would convene inAfrica in 2012, he said.

On the subject of individual treaty bodies, he said the International Convention for the Protectionof All Persons from Enforced Disappearance entered into force on 23 December 2010 and currently30 States were party to the Convention. On 31 May 2011, States parties elected the first 10 members ofthe Committee on Enforced Disappearances, which would hold its first session in Geneva in Novemberthis year. It would also be beneficial for the Third Committee to hold dialogues with chairs of the HumanRights Committee, the Committee on Economic, Social and Cultural Rights, and the Committee on the
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Rights of Persons with Disabilities, he said.

Lastly, he presented the report of the Secretary-General on the activities of the United NationsVoluntary Fund for Victims of Torture, which, he said, described recommendations for grants tobeneficiary organizations that were adopted by the Board of Trustees of the Fund. The report alsoprovided information on policy decisions adopted by the Board in implementation of recommendationsby the Office of Internal Oversight Services (OIOS), he said.

Statement by Chair of Committee against Torture

CLAUDIO GROSSMAN, Chair of the Committee against Torture and Other Cruel, Inhuman orDegrading Treatment or Punishment, underlined the ongoing cooperation between the Committee, theSubcommittee on the Prevention of Torture and the special procedure of the Human Rights Council, andnoted that the 1984 Convention against Torture now had 149 States parties. Recalling the scope of theCommittees work, he said the body continued to have serious concerns about reporting delays. Itwelcomed the submission of new initial reports during the past year by Madagascar and Djibouti, butdeeply regretted that 30 States parties had yet to present their initial report, many of which were over adecade overdue. He called on those States parties to promptly submit their overdue initial reports.Additionally, past due periodic reports of which there were at least 65 should be submitted withoutfurther delay.

He stressed that the optional reporting procedure introduced in 2007, which was referred to as

the list of issues prior to reporting, simplified the reporting process, while enriching the dialogue,increasing the timeliness and resulting in more specific recommendations. States parties had reactedfavourably to the new procedure and the Committee would evaluate and improve it going forward, takinginto account suggestions from Member States and civil society. Noting that the treaty body system as awhole was facing serious difficulties owing largely to the inadequate capacity of United Nationsconference services to process and translate documents in a timely manner, he encouraged MemberStates to reflect on the need for significant additional resources.

Pointing out that State party acceptance of the individual complaints procedure under article22 of Convention was optional, he said the Committee regretted that only 65 of the 149 States partieshad made a declaration in favour of that procedure. It, thus, called on the remaining 84 States parties to

accept the procedure, which was an important tool for achieving the Conventions goals by enablingtorture victims to present their cases before the international community. He further noted that theCommittee had considered the merits of 17 cases in the last year.

To address its increased workload, the Committee had increased the number of reports itexamined at each session from six to nine for the November session and to eight for the May session. Ithad also increased the number of individual complaints reviewed, deciding 12 individual cases in the lastsession, in comparison to five at the previous one. Currently, 101 petitions were pending, as a result ofthe growing number of complaints submitted. While that increase reflected the positive developmentthat individuals deemed it important to seek justice through the Committees complaint procedure, Statesparties must play a leading role in finding permanent solutions to the resource and workload issues.

Continuing, he said the Committee had dedicated more time to its confidential procedure underarticle 20. He appealed to the nine States that had declared that they did not recognize thatcompetence to withdraw their reservations. At the same time, the Committee had accelerated its workon general comments, adopting a first draft on a general comment explaining and clarifying theobligation of States parties under article 14 of the Convention to ensure in its legal system that thevictim of an act of torture obtains redress and has an enforceable right to fair and adequatecompensation, including the means for as full rehabilitation as possible. A second draft would beprepared at the Committees upcoming session. The Committee had also been discussing, among otherthings, a document regarding facts and evidence designed to address important issues, such as theweight that should be accorded to domestic determinations and the proper standard of proof.

Turning to the consultation process launched by the High Commissioner for Human Rights tostrengthen the treaty body system, he said measures that led to increased efficiency did not necessarilyreduce costs. Making the Committees work more implementable at the national level required moreinvestment, more means of cooperation with States and more time. Member States had an obligation toprovide adequate resources, so that the system they created could perform effectively, he said. Thus,the discussion should be continued in the Committee.


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He further stressed that the unequivocal and absolute prohibition of torture and cruel, inhumanand degrading treatment or punishment was set forth in numerous international and regionalinstruments, including the Convention against Torture. That framework affirmed that there was no legalvacuum that would allow questioning the prohibition and had been essential in advancing, with legallegitimacy, the values of human dignity embodied in those treaties and conventions. For its part, theCommittee had, over the years, achieved important successes in transforming countries legal norms,investigating and punishing perpetrators of torture, and excluding confessions extracted through torturefrom legal proceedings.

Despite these important developments, we cannot affirm that torture had decreased, heacknowledged, noting that failures to implement the Conventions provisions and refusals continued

apace, with a refusal to adopt clear definitions of torture, to criminalize it and to establish adequatepenalties. Rendition of suspects to countries that continued to use torture was still used as a means ofinvestigation and interrogation, and forced disappearances continued to deny persons their basic legalsafeguards. At the same time, rehabilitation and redress were rarely provided to victims or their families.

These failures to realize the obligations laid down in the Convention should strengthen ourresolve, he argued. Achieving the goals of the Convention is doable. Let us recommit ourselves to thefull realization of those goals.

He went on to note that torture was sometimes discussed in abstract terms, with statistics andnormative challenges dominating the discussion. Consequently, the human dimension was lost by

language that failed to fully capture the absolute horror of torture. We should not, however, lose sight ofthe fact that we are dealing with women, men and children, he said, stressing that the system that youhave created, through the Convention against Torture, recognizes that crucial dimension.

Emphasizing that the Committees work reflected that foundation, he highlighted a recent casein which the complainant claimed she would be imprisoned and tortured if returned to her country, inviolation of article 3 of the Convention. Among other things, she had been arrested and, while indetention, subjected to torture, beatings and multiple rapes due to her religious and political activities.After consideration, the Committee concluded that there were substantial grounds for believing that thecomplainant would be at risk of being tortured if returned to her country. The State party against whomthe complaint was filed fully complied with the decisions, giving the person a chance at a new life. In1984, with the adoption of the Convention against Torture, you created a system that made thispossible, he told delegates. You have contributed to the realization of its goals by saving numerouslives.

Statement by Chairperson of the Subcommittee on Prevention of Torture

Presenting the fourth Annual Report of the Subcommittee on Prevention of Torture and OtherCruel, Inhuman or Degrading Treatment or Punishment, MALCOLM EVANS said during the course of2010 the number of States parties to the Optional Protocol of the United Nations Convention againstTorture passed 50 and the number of members to be elected by States parties increased from 10 to 25.That made the Subcommittee the largest of the United Nations human rights treaty bodies, he said. Lastyear the Subcommittee conducted full visits to Lebanon, Bolivia and Liberia, and its first follow-up visit,

to Paraguay. The visit to Paraguay proved useful, confirming the belief that the best way to ensureimplementation of recommendations was continuing face-to-face discussion with authorities who hadday-to-day responsibility for detention issues.

The report contained Guidelines on National Preventative Mechanisms, which was theSubcommittees definitive statement regarding the establishment of such mechanisms. It was greatlyconcerned that nearly half of all States parties had not designed those mechanisms, since that was themost significant single thing a State could do to prevent torture and ill-treatment. The report also set outthe Subcommittees approach to the concept of prevention, explaining that prevalence of torture and ill-treatment was influenced by a broad range of factors, including general human rights, the rule of law, thelevel of poverty, social exclusion, corruption and discrimination.

There were 61 States parties to the Optional Protocol, and that number was set to increasesignificantly, but the Subcommittee would only visit Brazil, Mali and Ukraine this year. At a rate of threeper year, a country might only receive a full visit from the Subcommittee every 20 years or so, and this isclearly not what was intended, he said. The Optional Protocol envisaged far more dynamicengagement, and such a pace of visiting did not permit sufficient or appropriate use of the 25 members.This problem could only be fully solved by increasing resources to support its work, but the


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Subcommittee was also aware much could be done by reordering its own methods to make better use oftime and resources at its disposal.

Over the course of the year, he said, the Subcommittee had made changes: the Bureau wasnow comprised of five members, the Chair and four Vice-Chairs, who were each responsible for an areaof activity, improving efficiency; Regional Task Forces were established to oversee National PreventativeMechanisms; and a system of informal meetings during plenary sessions was established to make betteruse of meeting time. The Committee was also exploring the possibility of using its visiting mandate morecreatively, tailoring for the most pressing elements in the country concerned, and was seeking new waysof cooperating with United Nations colleagues for a comprehensive approach to tackling torture and ill-treatment.

Finally, he said he was pleased to report that the Special Fund, which was provided to assist infunding recommendation of the Subcommittee and education programmes of the National PreventativeMechanisms, was about to become operational, and could become another powerful tool of prevention.The Subcommittees role was to act as a catalyst for change, and in the period under review it hadincreasingly focused on new partnerships to carry out its work. We do not seek to be dramatic, but wedo intend to be effective, he said.

Question and Answer Session

Chiles representative noted that his Government had used a system of reparations to victims

families on the belief that even symbolic reparations helped heal society. He stressed that theConventions full implementation was needed, while further underlining that the definition of torture, aswell as its criminalization and punishment, were topical issues.

The representative of the European Union requested further details on the scope of cooperationbetween the three mechanisms presented to the Committee today, as well as other United Nationsbodies, victims, civil society and academia, as well as other mechanisms at national and regional levels.Referring to the confidential procedures established in article 22, he requested a general evaluation onthe use of facts and evidence under that procedure. What did the Subcommittee do in the absence ofnational preventive mechanisms? How was the enhanced capacity of the enlarged Subcommittee used?

The representative of Liechtenstein, noting the Committee against Tortures pioneering role intreaty body reform, asked about the benefits of focused reports. He asked if the broad application of theConvention, including in efforts to prevent domestic violence, undermined the prohibition against torture.

Brazils representative highlighted a draft law currently being considered that called for theestablishment of a national prevention mechanism in accordance with the Paris Principles. Thatmechanism, which would have two stages and would be composed of 23 members, would have freeaccess to places of detention without prior notification. The Brazilian Government was also engaged inpromoting state and local mechanisms, he said, adding that President Dilma Rousseff had sent aproposal to Congress to set up a national commission for truth. In that context, he asked what measurescould be taken to improve the country visits by the Subcommittee.

The representative of the Czech Republic asked how the work of the Subcommittee hadchanged since Mr. Evans first took up his mandate.

Pakistans delegate noted the large number of overdue reports, on one hand, and the backlog ofpending reports, on the other. In that context, he asked for further details on how resources were initiallyallocated by the Committee and what mechanisms were in place to help it deal with the submission ofreports, including with new parties joining the Convention.

Norways representative asked about the effect of the new optional reporting procedure. Whatwere the main trends on follow-up to the Committees recommendations? To what extent did Statesparties submit information on follow-up? What was the Committee doing to address the problem ofoverdue reports?

Denmarks delegate recalled that the three torture mandate holders appearing today were notthe only United Nations mechanisms working against torture. The Human Rights Committee and theSpecial Rapporteur on extrajudicial, summary or arbitrary executions, along with some regionalmechanisms, also played critical roles. Her delegation wondered what the cooperation among those


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bodies was like. Regarding the comprehensive review of the treaty body system, what was the mostdesired outcome by the Committee and the Subcommittee? Given its recent enlargement and activemandate, what was the Subcommittee doing to train new members?

Responding, Mr. GROSSMAN agreed that the issue of reparations was essential, includingregarding its impact on non-recurrence. If institutions allowing for torture continued, even if theCommittee had dealt with an individual case, the Committee would have largely failed in its main goals.Generally speaking, human rights violations were not resolved in victims eyes, if compensation alonewas paid. Indeed, the saying that money cures all ills did not apply to human rights victims. Peoplewanted some kind of satisfaction. Often their very identity had been challenged, and they wantedintegral, full reparation, not just money. While other treaty bodies dealt with these issues, too, the

Committee against Torture felt a particular need to consider the matter, including in its generalcomments.

He heard in the question from the European Union an encouragement for greater cooperationand he fully agreed. More could be done in that regard and he was particularly interested in combiningefforts, so that the wheel did not have to be reinvented. In addition, when State reports wereconsidered, the comments of other treaty bodies were borne in mind.

Continuing, he stressed that questions of legitimacy were critical, particularly in the context oftorture, which destroyed legitimacy and required that what was said must constantly be re-evaluated.He noted that the Committee obviously met with the Subcommittee. In addition, civil society could

always enrich the discussion, as could national human rights organizations. He was a bit disturbed,however, by shadow reports, because civil society should not be in the corridors shadowing theCommittee.

The standard of proof was also very important, he said, underscoring the importance of lookinginto the eyes of the person who said they were tortured. It was possible to use football jargon to speakabout preponderance of proof and reasonableness namely, that in the criminal courts you had to winthe game five to one, which was a much higher standard of proof than in civil courts. The next questionwas what value determination was given to national bodies. That also applied to regional courts, wheredifferent standards of proof applied. Thus, weighing legitimacy was very difficult and, as he mentioned inhis presentation, the Committee was discussing a document on the standard of proof.

He agreed there was a timing problem in considering reports. [At this point it was clear thatreports shared be taken up within one year, not three, since by then reports became obsolete]. Thatimpacted the resource question, while also introducing the temptation to request limits on Stateresponses. Yet, that latter option seemed rather obscene. For example, could you ask a State party aquestion about torture and then limit the amount of pages of response? Among other things, it was aquestion of priorities, he said, noting that while the Committee could draw up a list of issues, it had toconsider how to list issues for a country that had not yet submitted a report. He wondered what Statesthought the Committee could do to achieve more timeliness in its procedures.

He went on to suggest that there was always a question of how much could be covered by boththe Committee and the Convention including gender issues and domestic violence, which was also a

kind of torture. But, if the Committee tried to cover everything, it became too much. The reality of thesituation must be considered, he stressed.

Responding to Brazil, he said such serious issues had to be investigated. As for Pakistanscomments, he noted the Committee was always very happy to receive a report. It then had to respondas quickly as it could given its resources. He recalled that the Committee had two rapporteurs to follow-up to specific articles. Some recommendations stipulated year-long deadlines for follow-up, although itwas impossible to change a legal system in that time. Thus, the Committee sought to have a continuingdialogue with States parties.

Before hearing from Mr. EVANS, Panamas delegate said that her country ratified the protocol in

July and it wondered what the procedures were for beginning a constructive dialogue with theSubcommittee and scheduling a country visit.

Next, Mr. EVANS said there was an annual joint meeting between the Subcommittee and theCommittee against Torture, and the two bodies were experimenting on how to make it as useful aspossible, including regarding its procedures and substantive consultations. Careful attention was paid toall mechanisms working under the United Nations auspices in the Subcommittees approach to country


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visits. Much of the focus was on building partnerships and building up the structures of nationalpreventive mechanisms, which States parties were required to establish.

He noted that it was not possible to include all Subcommittee members in the visiting system,which was one reason why the Subcommittee was working to reform its internal work practices. Themembership could be used more effectively if the Subcommittee fashioned a variety of working tools.

He said the biggest advantage of confidentiality was that it allowed close relations to be enteredinto with States. The Subcommittee could be open and honest, as could States. One of the downsidesof confidentiality, of course, was that recommendations were also secret, which potentially impoverishedthe results of a visit by the Subcommittee.

The Subcommittee was delighted that procedures for a national preventive mechanism hadbeen put in place in Brazil. He said follow-up could be improved if countries could respond to reportswithin the 6-month time frame stipulated by the Subcommittee and that they ensured, as far as possible,their responses mapped the questions. Continuing follow-up could also be useful after the initial follow-up.

He said the responses over his term had been magnified by the increasing number of Statesparties to the Optional Protocol. National preventive mechanisms were also helpful because theyprovided an interlocutor within the States. That could potentially fill the gap between the cycle of visits,which was longer than wished. Pointing out that each country visit commenced a new discrete process,

he said in-country work was logistically and practically difficult, both for members of the Subcommitteeand the Secretariat, which needed more support

He endorsed the suggestions for a broad and wide engagement with other partners, includingthroughout the United Nations family. However, while such engagement was rewarding, it was alsochallenging, practically speaking. As for the goals of strengthening the treaty body system, he hoped forenhanced compliance by States parties with their obligations. Preventive visits required a wide skill setfrom the Subcommittees membership and the resource pool had been widened with the bodysenlargement. Yet, training was critical in blending that experience in a common working practice. TheSubcommittee was also using smaller working groups to that end, although the absence of a commoncore language meant that working outside a plenary meeting was much more difficult.

Regarding Panamas question, he expressed hope that in the future the Subcommittee would beable to meet with newly ratifying States possibly on an informal basis, to explain the visiting process. Hestressed that contact in the first year - during which the national preventive mechanism was supposed tobe put in place - would be particularly helpful.

Special Rapporteur on Torture

JUAN MNDEZ, Special Rapporteur on Torture and Other Cruel, Inhuman or DegradingTreatment or Punishment, said he wanted to present his findings on the use of solitary confinement, apractice which was global in nature and subject to wide abuse. There is no universally agreed-upon

definition for solitary confinement; in addition, in many countries, it may also be known as segregation,isolation, separation, cellular, lockdown, Supermax, the hole, or Secure Housing Unit. For thepurposes of my report, I use the term solitary confinement to allude to all of these practices and definesolitary confinement as the physical and social isolation of individuals who are confined to their cells for22 to 24 hours a day, he said.

Prolonged solitary confinement was a particular concern of his, given that the practice hadincreased, especially in the context of the war on terror and as a threat to national security. Therewas no international standard for its permitted maximum overall duration, even though it may amount totorture. Being aware of the arbitrary nature of the effort to establish a moment in time in which analready harmful regime becomes prolonged, I suggest that 15 days is the limit between solitaryconfinement and prolonged solitary confinement. It is at that point, according to the literature surveyed,

that some of the harmful psychological effects of isolation can become irreversible. In my report, Ipropose a worldwide ban on prolonged solitary confinement, he said.

It was important, however, to ensure a clear distinction between solitary confinement andvarious forms of segregation within places of detention, he said. Physical segregation might benecessary, but should not adversely impact a detainees social regime. Given its serious psychologicaland physiological effects, he concluded solitary confinement was a harsh measure contrary to the


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essential aim of the penitentiary system to rehabilitate offenders and facilitate their reintegration intosociety. Juveniles, given their physical and mental immaturity, should never be subjected to solitaryconfinement, he said. Equally, individuals with mental disabilities should under no circumstances bysubjected to solitary confinement, even when there was reason to believe they might be a threat tothemselves or others, as it only aggravated their state of mental health and the risk of harm.

He proposed that solitary confinement be banned when used as a penalty, in pre-trial detention,indefinitely or for a prolonged period, for persons with mental disabilities and for juveniles. Dependingon the severity of physical conditions in a place of detention, the length of a solitary confinement regimeand absence of such factors as family visits, access to media or religious counselling, isolation ofinmates amounted to cruel, inhuman or degrading treatment or punishment or in more severe cases

to torture. He went on to urge States to review their practices of solitary confinement, reinforcing itshould be used only in very exceptional circumstances, for as short a time as possible. Detainedpersons in solitary confinement must also be afforded genuine opportunities to challenge the nature oftheir confinement and its underlying justification through courts of law, with free access to competentlegal counsel.

He concluded with a brief update on the status of his country visits; with full cooperation ofTunisias interim Government, he conducted a visit in May 2011 to examine violations during the Ben Aliregime, assess abuses committed during and after the recent revolution there and identify measuresneeded to prevent torture and ill-treatment in the present and future. He looked forward to continuedengagement with Tunisian authorities and key actors during this period of transition and would present

his final report of that mission to the Human Rights Council in March 2012. He described planned visitsfor the remainder of this year or in 2012, and the results of his first regional consultation, held inSantiago, Chile in June.

Question and Answer Session

Tunisias representative confirmed her countrys full commitment to advancing human rights.

The European Unions delegate asked how he cooperated with other players in the area, whatwas the overall trend in preventing the use of torture, and what was the difference between solitaryconfinement and being kept incommunicado and were they approached the same or differently.

The delegate of the United States said her countrys Constitution said solitary confinementshould not be used without careful analysis of the reasons and psychological effects. She askedwhether the Special Rapporteur would indicate what areas he would focus on this year, and whether theconcerns of protesters would remain a priority focus for the coming year.

Switzerlands delegate asked what was the basis for the 15-day limit for solitary confinement,what could be done to encourage changes to States approach to solitary confinement and would hehave a report on the link between torture and other cruel, inhuman or degrading treatment or punishmentin States moving towards democracy this year.

Norways delegate asked for examples of control measures that could provide alternatives tosolitary confinement during pre-trial detention.

Denmarks delegate asked if he had practical suggestions on how States could better assist hismandate and could comment on how States had received him. She also asked him to elaborate on hisvictim-centred approach, particularly in respect to States obligations to rehabilitate torture survivors, andwhether that also pertained to a separate State where torture survivors could find themselves afterwardsas refugees.

Responding, Mr. MNDEZ thanked the representative from Tunisia for her statement and thecountrys broad cooperation with his mandate. In response to questions, he said there was muchcooperation with other mandates. Many communications sent to States were in fact jointcommunications with other working groups and Special Rapporteurs, which they had found was aneffective way to convey the concerns of the international community. But, he was still working on furthercooperation with other mandates.

On how to prevent torture, he said it was important to support the work of the Subcommittee onPrevention of Torture and the Optional Protocol to the Convention against Torture. States who ratified


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the Protocol should establish National Protective Mechanisms. There had to be full investigations ofcases, along with examination of required reparations and rehabilitation to help deter future cases oftorture. On the subject of holding detainees incommunicado, he said it also had to be shorter than the15-day period. Incommunicado detention had to be monitored by a judicial authority and for a shorttime. It was an exceptional step, with very strict guarantees.

States needed to look at their domestic laws to identify problems and place strong protectivemeasures, so there was no excessive use of solitary confinement, he said. But, many countries did nothave safeguards for those procedures. So, good practices needed to be promoted from one country toanother to make torture and inhuman treatment less common, he said. The 15-day deadline for solitaryconfinement was totally arbitrary, and subjective factors determined whether or not anything beyond

that period was torture. Some studies said confinement after seven days created a long-termpsychological impact, but for practical purposes he proposed a 15-day limit.

On the question how to encourage States to end solitary confinement, he answered that hisreport was just an attempt to start a dialogue on the subject; he would like to hear criticism andcomments from States and civil society to get clearer guidelines on the issue. He also said he realizedthat when some dictatorial countries moved towards democracy, it was a good time to move away fromtorture for the future.

On alternatives to solitary confinement in pre-trial detention when a case is being investigated,he said such people should be held for very short periods of time, with access to legal counsel. There

may be a justification for limiting access to the outside world, but they should have access to legalcounsel, he said.

Statements

BERNADETTE CAVANAGH (New Zealand), speaking also on behalf of Canada and Australia,called on States to ratify and fully implement the Convention on the Rights of Persons with Disabilities asa matter of priority. Her delegation had participated in the Human Rights Councils annual debate on therights of persons with disabilities and looked forward to work on the theme of participation in public andpolitical life by persons with disabilities. This years Fourth Conference of States Parties to theConvention had drawn welcome attention to a core principle of the Convention: that facilitating the full

participation of persons with disabilities in society benefited entire communities.

She went on to say that Australia and New Zealand had deposited their initial periodic reportson the Conventions implementation to the Committee on the Rights of Persons with Disabilities, whileCanada was preparing to do so in April 2012. The large number of States that had joined theConvention meant that the Committee faced a backlog of work. It met for only two weeks a year andshe requested that more time be allocated to that Committees annual meeting time, commensurate withits workload, to ensure the rights of all persons with disabilities were treated equally within the UnitedNations. She also urged that business be conducted efficiently, and that the Committee Chair appear inan interactive dialogue in future sessions, placing the Committee on par with other treaty bodies.

FRIEDERIKE TSCHAMPA, Delegation of the European Union, said 2011 had been marked bysome advancement towards the universal ratification of core human rights treaties. The implementation,at the domestic level, of the provisions of human rights treaties, however, remained the key challenge. Akey component of the obligations of States parties to the treaties was the genuine and sincerecooperation with treaty bodies in the follow-up to both concluding observations and views of individualcases. Last September, the Union, as a party in its own right, to the Disabilities Convention, participatedin the Conference of States parties and shared its experiences in implementing the Convention. Shealso welcomed the entry into force of the International Convention for the Protection of All Persons fromEnforced Disappearance, which marked a significant development in human rights standard-setting.

Welcoming the consultations on how to make treaty bodies more efficient and better equipped todeal with the growing number of States parties, the increasing number of tasks they had to perform and

increased coordination, she said the independence and expertise of the members of treaty bodiesneeded to be guaranteed.

Turning to the OHCHR she said that the independence of the Office was crucial for performingits tasks in an efficient and impartial manner. She stressed that the free and unhindered contact andcooperation with individuals and civil society were also indispensable to enable the United Nations andits mechanisms to fulfil their mandates. Echoing previous calls of the High Commissioner for States to


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stop any act of intimidation or reprisal against individuals and groups who cooperate with theOrganization, she called on States to facilitate and encourage such cooperation instead.

GWENDOLYN NWACHUKWU ( Nigeria) said that her country had concluded the first cycle of itsUniversal Periodic Review an important process in promoting and protecting fundamental human rights and the modalities had been put in place for the commencement of the second cycle. She alsopointed out that similarities existed between the Review and the African Unions Peer ReviewMechanism, which had in fact been in practice prior to the adoption of the Periodic Review by theHuman Rights Council. For too long, she said, the world had concentrated on the promotion of civil andpolitical rights to the detriment of economic and social rights. It was imperative that an agreeablebalance be reached in that regard, she went on, warning that any discussion of human rights in their

civil and political contexts alone would be meaningless to the vast majority of people around the world.Those people increasingly saw their human rights in the rapid improvement of their livelihood. Increaseddevelopmental and financial assistance to developing countries was needed, as was the redirection ofhuman rights mechanisms towards the achievement of economic and social rights, in order to realize theMillennium Development Goals.

Poverty, conflict and diseases remained some of the worlds biggest problems, she continued,especially in developing countries. Additionally, it was clear that an umbilical connection existedbetween security and development, with obvious consequences for the full enjoyment of human rights.In spite of the concerted efforts of the international community, it was also regrettable that racism, racialdiscrimination, xenophobia and related intolerance remained major challenges for the international

community. Nigeria was, therefore, committed to the Durban Declaration and Programme of Action as aviable platform, and urged others to do likewise including through the establishment of appropriatepolitical and social conditions to foster national cohesion and tolerance, and the creation of dynamicnetworks for sensitizing all segments of society on the evils of racial discrimination. Nigeria had alsoimplemented its Transformation Agenda, which encompassed political and economic reforms and aimedat improving the livelihood of all Nigerians in the shortest possible time.

LI XIAOMEI ( China) said her delegation had paid close attention to the work of the humanrights treaty bodies and their reform. While it was necessary for those bodies to improve efficiency, theymust work strictly in accordance with their mandates, avoiding any act that exceeds those limits andsteering clear of politicization and selectivity. In accordance with the principles of objectivity andimpartiality, they should engage in dialogue with States parties to ensure that their conclusions and

recommendations matched the conditions of States parties. That would facilitate the implantation of thetreaty in question. Further, treaty bodies should widely seek inputs by all bodies, including in draftinggeneral comments, which should be faithful to the original treaty. Treaty bodies must also pay closeattention to the suggestions of member States in drafting general comments. In that regard, herdelegation noted its written response submitted to OHCHR to the Committee against Torture on article14 of the Convention. China also called for the establishment of an open-ended working group to seekbroad consensus on treaty body reform.

She further noted that China had acceded to 25 human rights instruments, including theConvention on the Rights of the Child and the Convention against Torture. It had signed theInternational Covenant on Civil and Political Rights and was carrying out the necessary reforms to create

conditions for its ratification. The Government was also paying great attention to aligning domestic lawsand policy measures with treaty provisions. At the same time, it was making active preparations for theconsideration of its first compliance report on the Convention of the Rights of Persons with Disabilities.Preparations were also under way for its combined seventh and eighth periodic reports to the Committeeon the Elimination of Discrimination against Women. The Government was actively supporting both theHong Kong and Macao Special Administrative Regions in fulfilling their relevant treaty obligations underthe principle of One Country, Two Systems.

JORGE VALERO BRICEO ( Venezuela) said his country was fully committed to freedom,justice, equality and solidarity. It had, in practical and concrete steps, enshrined all human rights.Mechanisms to broaden the enjoyment of human rights were being set up, with greater power beinggiven to the people every day. The norms contained in the human rights treaties and conventionsratified by the State had constitutional legitimacy and were paramount in the constitutional system.Venezuela had ratified nine major human rights instruments and had recently acceded to three more namely, the Optional Protocol to the Convention against Torture, the Migrant Workers Convention andthe Optional Protocol to the International Covenant on Economic, Social and Cultural Rights. Roughly$38,000 was being donated to the United Nations Voluntary Fund for Victims of Torture, which wascollected at a concert by the Simon Bolivar Youth Symphony Orchestra.


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He stressed that the exercise of human rights should be based on objectivity, impartiality andnon-selectivity. The rights were universal and must also take account of national values and systemsaround the world. Above all, Venezuela oriented its public policies around poverty eradication and hadcut its rates of extreme poverty from 21 per cent in 1998 to 7.1 per cent last year. Unprecedented levelsof social investment had allowed the country to attain nearly all of the Millennium Development Goals. Itwas, therefore, moving towards a quality democracy where freedoms were being exercised. Indeed,there were no political prisoners, no impunity, no death sentence, no torture, no political persecution andno secret jails. Protection was not offered to international terrorists and freedom of expression was notlimited. People were allowed to make public protests. Nonetheless, some powers and their allies triedto accuse certain countries by invoking the war against terrorism. Those same powers launched

fratricidal wars to satisfy their geo-political appetites, while flagrantly violating the human rights of poorpeople.

Introduction of Draft Resolutions

In the afternoon, the Committee heard the introduction of several draft texts.

The representative of Peru first introduced the draft resolution on promoting social integrationthrough social inclusion (document A/C.3/66/L.8). He stressed that social inclusion was a prerequisitefor promoting peaceful, stable and just societies. Economic growth did not guarantee social inclusion;thus, social inclusion must be a focus in the Third Committee. Stressing that social inclusion formed the

basis of democratic institutions, he noted that the current text aimed to promote the social inclusion ofall, including the most marginalized. Times of economic crisis particularly called for measures to ensuresocial inclusion, making the text especially relevant.

Argentinas representative, speaking on behalf of the Group of 77 developing countries andChina, then introduced the draft resolution on follow-up to the tenth anniversary of the International Yearof the Family and beyond (document A/C.3/66/L.12). He recalled that 1994 was proclaimed theInternational Year of the Family to emphasize the contribution of the family to social development and onthe basis of the need to focus on people-centred policies. In 2004, the tenth anniversary of the Year wascelebrated and a decision made to support follow-up to the Year, as well as to celebrate its anniversariesat 10-year intervals.

He emphasized that this biannual resolution had always received wide support and was alwaysadopted by consensus. The Group of 77 and China had ensured, as it did every year, that nocontroversial elements were inserted into the text. However, last years text had been updated to reflectpreparations for the upcoming 2014 twentieth anniversary of the International Year, based on theEconomic and Social Council resolution 29/2011, which was adopted on 28 July 2011.

Finally, Mongolias representative introduced the draft text on improvement of the situation ofwomen in rural areas (document A/C.3/66/L.19). Noting that this biannual resolution was traditionallysponsored by her delegation, she noted that it was being co-sponsored this year by Guatemala. Shestressed that women played a vital, yet not fully acknowledged, role in agriculture and ruraldevelopment. They continued to be economically and socially disadvantaged. They had limited accessto economic resources and opportunities, while also being excluded from planning and decision-makingprocesses. That state of play demanded that more efforts be directed towards their empowerment.Outlining the draft text, she noted that new operative paragraphs, based on the recommendations of theSecretary-Generals recent report, aimed to help adopt gender-responsive rural strategies and budgetframeworks, incorporating the needs of rural womens needs and priorities.

Statements

MARA ELENA MEDAL ( Nicaragua) said her country had established a legal frameworkenshrining the human rights of all its citizens, while its Constitution also guaranteed respect for humanrights, and the country had ratified international human rights instruments. Free access to health care

and education as well as plans for employment and housing were important targets in its national planfor human development, since rights could not be discussed without first and foremost tackling poverty.

Nicaragua was committed to guaranteeing the promotion of human rights, and it had movedforward within its legal framework. The country had opened institutions, such as the Counsel for theDefence of Human Rights, which had offices for groups such as women, children, the disabled andindigenous peoples, ensuring protection of their rights within the legal system. Major efforts had been


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made for administrative and legislative standards, including establishing an office for legal defence, shesaid.

HATEM TAG-ELDIN ( Egypt) said the international community must respect efforts to defendfreedoms and support national endeavours towards democracy, good governance and respect forhuman dignity, and cultural and religious diversity. It must avoid imposing new controversial notions orrights through a confrontational approach. Recent developments reaffirmed that real democracy wasborn from the values of its societies. It was important to increase attention on the right to developmentand the right to food as fundamental rights. The increased participation of developing countries in theinternational financial institutions was needed and respect for cultural and religious diversity should bepromoted. Commitments must be made to fully respect all human rights, while countering terrorism.

Institutional balance must be restored among the principal United Nations bodies. A code of conductwas needed for special procedure mandate holders.

He noted that General Assembly resolution 65/281 on the review of the Human Rights Councilreaffirmed that bodys subsidiary status to the Assembly and the Third Committee. The full and objectiveimplementation of the institution-building package must be ensured, particularly by guaranteeingunequivocal adherence by the special procedures to their given mandates. He recalled the foundationlaid by the 2005 Summit Document, which stipulated that protecting human rights was, primarily, theresponsibility of national Governments. The Assembly must work to elaborate a comprehensiveinternational understanding of the responsibility to protect. Following its revolution of January 2011,Egypt was considering new legislation to promote freedom of religion and combat any acts that

constituted incitement to religious hatred and violence. New legislation for the establishment of tradeunions and societies had been approved. An inter-ministerial working group had been established toevaluate Egypts possible accession to the few remaining human rights treaties and protocols to which itwas not yet party. The restructuring process of the National Council for Human Rights was also beingsupported.

MOURAD BENMEHIDI ( Algeria) said his country made every effort to protect human rights andtake up its share of responsibility in African and Arab efforts to promote those rights. Its institutional andpolitical reforms included new constitutional laws and a new law on information. A review done onpolitical parties, civil society and the rights of women showed the Governments firm commitment topromoting human rights through an inclusive approach that brought together all political and socialelements of society. Algeria was also concerned about the future of its youth, and had created a number

of programmes so they could join the workforce. Also, advancing womens rights would enable them tobe full agents of change in society and allow them greater involvement in decisions within institutions.

The principle of universal human rights should allow individuals to see that their fundamentalrights and freedoms were protected and acknowledged and that also meant there was no one worldsocial or political model. There must be respect for the political and social system created by eachState. Promotion and improvement of human rights situations in countries was currently going through acrisis, because specific characteristics must be taken into account when trying to advance human rights.Accession to international human rights instruments should not be a selective process. For example, theInternational Convention on the Protection of the Rights of All Migrant Workers had mostly been ratifiedby countries from which migrants flowed.

MOHAMMAD ALI AL NSOUR ( Jordan) said that his countrys Parliament had, a few weeksago, approved comprehensive constitutional reforms to ensure more human rights protections,enjoyment of freedoms and enhancement of political participation for all citizens. The amendedconstitution emphasized the importance of the family, youth and persons with disabilities, and stressedthe need to protect them from exploitation. It prohibited any act of torture and banned detention outsidethose places designated by the laws regulating prisons. Any statement extracted under torture wasbarred from consideration. Guarantees were explicitly granted to the freedom of opinion and the right ofexpression. All postal, telegraphic and telephonic communication would now be treated as private andnot subject to censorship, suspension or confiscation.

In the last few months, the country witnessed unprecedented shifts in terms of exercising therights of expression and public assembly, where hundreds of peaceful demonstrations were conductedevery Friday in very organized and responsible manners, he noted, stressing that the new ConstitutionalCourt was an extremely significant step in accelerating national efforts to apply democracy in a mannercompatible with the highest international criteria. As a critical and impartial body that was binding on all,the Court maintained a balance that was reflected in the protection of all human rights. An importantamendment was also made to establish an independent election commission to conduct and supervise


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fair, transparent and impartial elections. All of those efforts were, he said, part of a comprehensive,home-grown and home-led process that aimed to enhance democracy and political participation.

ATSUKO HESHIKI ( Japan) said her country had long recognized the protection and promotionof human rights as one of its most important diplomatic policies and had provided many countries withsupport aiming to establish democracy, including assistance to build legal systems. Recent movementspursuing democracy could help promote fundamental freedoms, human rights and dignity of individuals,and the international community should respond to that new development positively.

The Human Rights Council played a critical role in protecting human rights around the globe,and Japan had continuously cooperated to strengthen its functions, providing full support to its SpecialProcedures. Japan was standing as a candidate for the Human Rights Council in 2012, and believed itcould enhance the Councils ability to tackle new human rights issues flexibly and responsively. It wasalso faithfully implementing international conventions on human rights, and had set concreteperformance objectives for the priority fields in the basic plan for gender equality.

AZAMAT KADYRALIEV ( Kyrgyzstan) recognized the need to support human rights and the fullcompliance with human rights standards contained in the Universal Declaration of Human Rights. HisGovernment advocated strict compliance with the decisions of the Human Rights Council. As a memberof that Council, his Government planned to fairly protect and promote human rights and to ensure thatthe Council worked efficiently. He welcomed the report of the Committee against Torture. To reinforceits interaction with the special procedures of the United Nations, Kyrgyzstan had been implementing

specific concrete measures aimed at the development of its judicial system. It had joined the OptionalProtocol to the Convention against Torture, and it was looking at establishing a national preventativemechanism to ensure the transparency of its detention centres.

He further stressed that the Kyrgyz Government was interested in enlarging the dialogue onhuman rights with the special procedures mandates holders. It was planning to organize a country visitfor the Special Rapporteur on Torture. As a member of the Group of Friends combating humantrafficking, Kyrgyzstan fully supported the efforts of the international community to combat that modernform of slavery. He appealed to all Member States to continue to work towards carrying out the GlobalPlan of Action on Trafficking in Persons.

MARGARITA VALLE CAMINO ( Cuba) said that, in 1959, her country began the construction ofa social system that made the dream of universal human rights a reality. Today, it had made significantprogress in human rights, including the right to self-determination, despite the serious threats by theGovernment of the United States for over 50 years. Through participatory democracy designed by itsown people, Cuba had promoted selfless cooperation in human rights. Today, thousands of Cubanprofessionals provided services in developing countries, no matter their political or ideological stripe.Besides being State party to the 42 most important treaties on human rights, Cuba was fully disposed tofrank and open dialogue.

In compliance with its obligations for rights, Cuba was preparing reports along with thecalendars of treaty bodies. It had always defended the noble causes of the people, providing for theireconomic and social rights, so they could be at the same level as their civil and political rights. Cuba

was firmly committed to Special Procedures and hoped the sanctions regimes against the countries ofthe South, which went hand-in-hand with impunity of the countries of the North, would not be repeated inthe framework of the United Nations.

ASIM AHMAD ( Pakistan) said the implementation of international human rights instrumentsremained an uphill task, as millions of people continued to endure conflicts that were often sparked andsustained by the politics of scarcity, greed and exploitation. Millions also continued to suffer the yoke offoreign occupation and were denied fundamental freedoms and the right to self-determination. TheVienna Declaration recognized the inherent link between poverty and human rights violations. Povertyalleviation must, therefore, become the central theme of the human rights machinery. On the twenty-fifthanniversary of the Declaration on the Right to Development, the world community should reaffirm that its

implementation was the best way forward to address the plight of millions aspiring to be lifted out ofpoverty. Pakistan also welcomed the consensus adoption in the Human Rights Council of a resolutionproviding practical steps to combat incitement to intolerance, negative stereotyping and discrimination onthe basis of religions or belief, and looked forward to its adoption in the Assembly.

He went on to say that Pakistans constitution was built on the principle of equal rights and equaltreatment of all citizens and persons without distinction. It directed the State to take appropriate


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measures to enable women to participate in all spheres of life and community, and to safeguard therights and interests of minorities. As a whole, the constitutions aspiration was for a modern, moderateand democratic polity that would uphold all human rights and foster respect, especially for the rights ofwomen, children and minorities. Pakistan was a State party to seven core human rights instrumentsand, among other steps, had recently withdrawn its reservation to the International Covenant on Civiland Political Rights and the Convention against Torture. Its Ministry of Human Rights monitored andaddressed human rights violations and trends. Further, Pakistans media was one of the freest and mostvibrant in South Asia.

SAID AHOUGA ( Morocco) said his country was a Muslim State that attached great importanceto tolerance and dialogue with mutual understanding of all civilizations. The Moroccan Government was

pursuing a society of solidarity, he said. The Constitution had granted the Amazigh language status as aState language and would integrate it into all areas of public life. The Hassaniya language was also avery important part of that policy, which promotes teaching the language to encourage the openness ofall of society. In that commitment to cultural rights, Morocco last September hosted the independentexpert on cultural rights. Morocco was also working towards gender equality through formation of aspecial authority.

Under the new Constitution, torture, arbitrary or secret detention, or enforced disappearanceswere all made the gravest of crimes, for which perpetrators would be punished at the most severe levels,he said. To implement institutional reforms and preserve the dignity of citizens and protect their rights,Morocco had established a number of new independent institutions responsible for human rights and

good governance, such as the office of the Ombudsman and the national body on fighting corruption. Italso recognized without ambiguity the supremacy of international law and the need to harmonize itslegislation with human rights principles. It had started to ratify a number of international human rightsinstruments, such as the Optional Protocol.

EDUARDO ULIBARRI ( Costa Rica) voiced support for the six thematic priorities of the Office ofthe United Nations High Commissioner for Human Rights (OHCHR) and underlined the importance offortifying human rights mechanisms and continuing to combat poverty and impunity. Underlining theimportance of recent events in the Middle East and North Africa, he stressed that demands for changemust be followed up on. At the same time, sufficient funding to meet unexpected requirements by theHuman Rights Council was required. The mechanisms for the submission of reports to the treaty bodiesprovided an opportunity to review human rights policies openly and comprehensively. Efforts to

strengthen the human rights treaty bodies were critical, given their difficulties in responding to thegrowing bodies of work, despite efforts to raise efficiency. Solutions that responded to the real problemsmust be sought and should strengthen those bodies, not weaken them.

He stressed that the independence of the treaty bodies must also be guaranteed. Some of theinitiatives undertaken by OHCHR were very positive, he said, citing the human rights index in particular.For its part, Costa Rica awaited with interested the report to be presented by the High Commissioner inearly 2012 on treaty body reform.

DUSHYANT SINGH ( India) said that the mission of the promotion and protection of humanrights within the United Nations was put on a firm footing with the adoption of the Universal Declaration

of Human Rights in 1948. The Human Rights Council was an important body that the internationalcommunity had carefully constructed to strengthen the protection of human rights around the globe.India considered the Universal Periodic Review to be a positive and unique mechanism that enhancedits commitment to making a genuine difference to the improvement of human rights on the ground. Indiaacknowledged the important role played by treaty bodies in monitoring the implementation of the treatyobligations by the State parties.

The international community took a major step in the promotion and protection of human rightsby adopting the Vienna Declaration and Programme of action in 1993, he said. It was explicitlyrecognized for the first time that gross violations of human rights anywhere was a matter of graveconcern for the international community. India attached much importance to the Right to Development,

and recognized that development was a comprehensive economic, social, cultural and political process.Lasting progress in this respect required effective development policies at the national level, as well asequitable economic relations at the international level. For its part, India has made important strides infacilitating the enjoyment of human rights of its citizens in the last two decades. India established anIndependent Human Rights Commission in 1993, and had also enacted the Right to Information Act toensure transparency and accountability of the Governments activities. A National Commission forWomen was also created to investigate and register complaints of violations of rights of women.


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Recently, India began implementing the Right to Education Act, which applies to all schools whetherprivate or public. Various laws relating to human rights were underway in parliament, including thenational food security bill and the national rural employment guarantee bill.

YANA BOIKO (Ukraine), underlining the importance of universal adherence to and fullimplementation of the international human rights treaties, called on State parties to fully comply with theirobligations, including those related to reporting. Ukraine strictly adhered to its international obligations,including full and comprehensive cooperation with the relevant treaty bodies and worked to achieve thehighest standards in that sphere. Noting her Governments submission of a number of reports, shereiterated its commitment to further cooperation with United Nations treaty bodies through its promptaction on their recommendations.

Saying the Human Rights Council had proved its necessity, she pointed to the UniversalPeriodic Review as an extremely important tool that, when working properly, could improve the situationof human rights globally. She was pleased to see the increased attention within the Council onprevention, which was a pragmatic alternative to combat human rights violations. The Councilsadoption of a resolution on the role of prevention in the promotion and protection of human rights, whichwas initiated by Ukraine, demonstrated the strong potential of preventive strategies, policies andmeasures to ensure respect for human rights. Her delegation emphasized the need for enhancedinteraction between the United Nations and regional organizations to intensify common efforts to preventhuman rights violations. As Chair of the Committee of Ministers of the Council of Europe from May toNovember 2011, Ukraine had chosen the issue of human rights and the rule of law in the context of

democracy and stability in Europe as a priority theme. In addition, it had hosted an internationalconference on the role of prevention in the promotion and protection of human rights from 20-21 September.

TAGHI M. FERAMI ( Iran) said the promotion and protection of human rights could only berealized in the spirit of genuine dialogue and constructive cooperation. Iran had fully engaged in theUniversal Periodic Review mechanism of the Human Rights Council by submitting a detailed andsubstantiated national report to the Council and sending a high-level delegation to it in February 2010.Iran was also an active member of many of the core international human rights treaties. Capacity-building in the field of human rights was needed and must pay due attention to national and domesticparticularities, levels of development and existing internal infrastructures. Barriers obstructing thenatural development of countries, such as embargoes, internal armed conflicts, wars and foreign

occupation should also be considered. Further, universality, indivisibility and inter-relatedness of alleconomic, social, cultural, civil and political rights should be fully respected. In that regard, countriesmust refrain from adopting selective policies.

He noted that Iran had submitted its third periodic report under the International Covenant onCivil and Political Rights and was defending that report on 17-18 October before the Human RightsCommittee in Geneva. The second periodic report under the International Covenant on Economic,Social and Cultural Rights had also been submitted to the Committee overseeing that covenant. It wasin the last stage of preparing its third and fourth reports for submission to the Committee on the Rights ofthe Child. His delegation stressed that national and regional particularities, as well as the variouscultural, historical and religious backgrounds of States must be fully taken into account in joint efforts to

promote and strengthen human rights.

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Special Rapporteur on Torture Tells Third Committee Use of Prolonged Solitary Confinement on Rise

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