1  I nternational Workshop on the Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment (CAT) and its Optional Protocol (OPCAT)  CAT Implementation and Preparation of State Report Manfred Nowak Professor of International Law and Human Rights, University of Vienna, Austria Austrian Chair Visiting Professor at Stanford University, California UN Special Rapporteur on Torture ( ) Ha Noi, Viet Nam, 6 June 2014

Manfred Nowak - CAT 2 Table of Contents 1.Prevention of Torture and CIDT (CAT) 2.Prevention of Torture (OPCAT) 3.Investigation of allegations and suspicions of torture 4.Fighting impunity 5.Right of victims of torture to remedy and reparation 6.Monitoring of compliance by UN Committee against Torture 7.Preparing State reports to the Committee against Torture 8.Overview of selected monitoring bodies 9.Overview of missions by the UN Special Rapporteur on Torture ( )

Manfred Nowak - CAT 3 1. Prevention of torture 1.Prevention of Torture and CIDT (CAT) Convention against Torture 1984 Article 2: effective legislative, administrative, judicial or other measures aimed at the prevention of torture, e.g. limiting police detention to 48 hours, prompt access of detainees to a judge, a doctor, lawyer, family member, audio and video Article 3: non-refoulement Article 10: training of law enforcement personnel Article 11: modernization of interrogation techniques Article 15: non-applicability of information extracted by torture Article 16: prevention of cruel, inhuman or degrading treatment or punishment

Manfred Nowak - CAT 4 2. Prevention of Torture and CIDT (OPCAT) Optional Protocol to CAT, 2002 Preventive visits to places of detention ICRC Jean-Jacques Gautier Draft Costa Rica Protocol 1980 European Convention for the Prevention of Torture 1987: CPT OPCAT 2002: UN Sub-Committee on Prevention and National Preventive Mechanisms Example: National Prevention Mechanism (NPM) in Austria NPM = Austrian Ombuds Institution + 6 Visiting Commissions consisting of 8 persons each: doctors, psychiatrists, psychologists, social workers, nurses, lawyers, political scientists, prison experts etc. Jean-Jacques Gautier ( )

Manfred Nowak - CAT 5 3. Investigation of allegations and suspicions of torture Article 12 CAT “ Each State Party shall ensure that its competent authorities proceed to a prompt and impartial investigation, wherever there is reasonable ground to believe that an act of torture has been committed in any territory under its jurisdiction” (ex-officio investigations); Article 13 CAT “ Prompt and impartial investigation of any allegation of torture and protection against reprisals”; “Police police”: need for an effective body with full powers of investigation and full independence from law-enforcement officials. Example: British Police Complaints Commissions

Manfred Nowak - CAT 6 4. Fighting impunity Article 4 CAT Obligation to criminalize torture in accordance with the definition in Article 1; need for appropriate penalties which take into account the grave nature of torture; Article 5-9 CAT Territorial, personal and universal jurisdiction; principle of aut dedere aut iudicare; Rome Statute of an International Criminal Court, 1998 Systematic or widespread practice of torture as crime against humanity. Examples -Pinochet case (Chile, UK, Spain) -Habré case (Chad, Senegal, Belgium) -Zardad case (Afghanistan, UK) -Guridi case (Spain) Augusto Pinochet

Manfred Nowak - CAT 7 5. Right of victims of torture to remedy and reparation Article 13 CAT „Right to complain to, and to have his case promptly and impartially examined by, its competent authorities“ (right of victims to an effective remedy); Article 14 CAT Right of victims to adequate reparation, including compensation and full rehabilitation; Need to establish and/or support professional torture rehabilitation centres. Trauma therapy in an IRCT Rehabilitation Centre in Timor, Australia

Manfred Nowak - CAT 8 6. Monitoring of compliance by UN Committee against Torture State reporting procedure: Article 19 CAT, mandatory, periodic reports to be submitted every 4 years Inter-State complaints procedure: Article 21 CAT, optional, no cases Individual complaints procedure: Article 22 CAT, optional, case law of the Committee Inquiry procedure: Article 20 CAT, mandatory with opting-out possibility (Article 28), in cases of well-founded indications of systematic practice of torture; 8 concluded inquiries (Turkey, Egypt, Peru, Sri Lanka, Mexico, Serbia and Montenegro, Brazil, Nepal)

Manfred Nowak - CAT 9 7. Preparing State reports to the Committee against Torture Article 19 CAT: Obligation of States parties to submit periodic reports (every four years) to the Committee against Torture; process should be participatory State reports should contain information on measures taken to implement CAT (prevention of torture and CIDT, fighting impunity, providing victims with remedy and reparation) State reports should also include shortcomings in the implementation of CAT State reports should provide factual information on cases of torture and CIDT (need for respective statistical information), on allegations of torture brought to the attention of the government, prosecutors, doctors and courts, on investigations of torture carried out and their results, on cases of prosecutions against perpetrators of torture, court sentences etc.

Manfred Nowak - CAT 10 UNSRT (1985) CAT-Committee (1984/87) CPT (1987/89) OPCAT Subcommittee on Prevention (2003/06) OPCAT NPM AreaGlobal MandateCAT States Parties (155) 47 member States of CoE; - open to non-CoE member States OPCAT States Parties (56) State Complaints procedure No exhaustion of domestic remedies needed (UA, AL) Exhaustion of domestic remedies; Declaration under Art. 22 CAT No Visits of Places of Detention Only by invitation of host country - Private Interviews Inquiry procedure (Art. 20); Only in agreement with the government No invitation needed; - Only notification of country mission - No consent for place of detention No invitation needed - Only notification of country mission - No consent for place of detention No prior consent needed PreventionLimited direct preventive impact; Recommendation to State; Indirectly via recommendations to States Parties and decisions Preventive 8. Overview of selected monitoring bodies

Manfred Nowak - CAT 11 Togo April 07 China Nov. 05 Mongolia June 05 Georgia Feb. 05 Nepal Sept. 05 Indonesia Nov. 07 Sri Lanka Oct. 07 Equatorial Guinea Nov. 08 Denmark & Greenland May 08 Jordan June 06 Nigeria March 07 Paraguay Nov. 06 Uruguay March 09 Guantanamo Feb. 06 Kazakhstan May 09 Moldova July 08 (Cuba) Autumn 10 Jamaica Feb. 10 (Zimbabwe) Oct. 09 (Russia) Oct. 06 Sudan Oct. 06 Papua New Guinea May 10 Greece Oct Overview of missions by the UN Special Rapporteur on Torture ( )