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General Assembly A/HRC/7/3/Add.2 18 February 2008

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General Assembly A/HRC/7/3/Add.2 18 February 2008 UNITED NATIONS A Distr. GENERAL General Assembly A/HRC/7/3/Add.2 18 February 2008 ENGLISH/FRENCH/SPANISH ONLY Human Rights Council Seventh session Agenda Item 3 PROMOTION AND PROTECTION OF ALL HUMAN RIGHTS, CIVIL, POLITICAL, ECONOMIC, SOCIAL AND CULTURAL RIGHTS, INCLUDING THE RIGHT TO DEVELOPMENT Report of the Special Rapporteur on torture and other cruel, inhuman or degrading treatment or punishment, Manfred Nowak Addendum Follow-up to the recommendations made by the Special Rapporteur Visits to Azerbaijan, Cameroon, Chile, China, Colombia, Georgia, Jordan, Kenya, Mexico, Mongolia, Nepal, Pakistan, Russian Federation, Spain, Turkey, Uzbekistan and Venezuela∗ ∗ The present document is being circulated as received, in the languages of submission only, as it greatly exceeds the word limitations currently imposed by the relevant General Assembly resolutions. GE.08-10695 A/HRC/7/3/Add.2 page 2 CONTENTS Paragraphs Page Introduction .............................................................................................. 1 - 4 3 Azerbaijan ................................................................................................ 5 - 31 3 Cameroon ................................................................................................. 32 - 64 8 Chile ......................................................................................................... 65 - 71 15 China ........................................................................................................ 72 - 98 16 Colombia .................................................................................................. 99 - 166 20 Georgia ..................................................................................................... 167 - 237 40 Jordan ....................................................................................................... 238 - 295 56 Kenya ....................................................................................................... 296 - 320 65 Mexico ..................................................................................................... 321 - 391 68 Mongolia .................................................................................................. 392 - 410 80 Nepal ........................................................................................................ 411 - 505 82 Pakistan .................................................................................................... 506 - 530 97 Russian Federation ................................................................................... 531 - 559 101 Spain ........................................................................................................ 560 - 676 106 Turkey ...................................................................................................... 677 - 734 136 Uzbekistan ................................................................................................ 735 - 814 146 Venezuela ................................................................................................. 815 - 821 163 Appendix 1: Guidelines for the submission of information ………………………………. 165 Appendix 2: Government of Colombia statistics …………………………………………. 167 Appendix 3: Government of Turkey statistics ...…………………….……………………. 170 A/HRC/7/3/Add.2 page 3 Introduction 1. This document contains information supplied by Governments, as well as non-governmental organizations (NGOs), relating to the follow-up measures to the recommendations of the Special Rapporteur made following country visits. In its resolution 2005/39, the Commission on Human Rights urged all Governments to enter into constructive dialogue with the Special Rapporteur on the question of torture with respect to the follow-up to his recommendations, so as to enable him to fulfil his mandate more effectively (para. 28). In his report to the fifty-ninth session of the Commission (E/CN.4/2003/68, para. 18), the Special Rapporteur indicated that he would regularly remind Governments of countries to which visits have been carried out of the observations and recommendations made after such visits. Information would be requested on the consideration given to the recommendations, the steps taken to implement them, and any constraints that may prevent their implementation. The Special Rapporteur also indicated that information from NGOs and other interested parties regarding measures taken in follow up to his recommendations is welcome. 2. By letter dated 4 September 2007, the Special Rapporteur requested information on the follow-up measures carried out from the following countries: Azerbaijan, Brazil, Cameroon, Chile, China, Colombia, Georgia, Jordan, Kenya, Mexico, Mongolia, Nepal, Pakistan, Romania, Russian Federation, Spain, Turkey, Uzbekistan and Venezuela. Information was received from the Governments of Azerbaijan, Colombia, Georgia, Jordan, Kenya, Mexico, Nepal, Pakistan, Russian Federation, Spain, Turkey, and Uzbekistan. Information was also received from NGOs and other sources, with respect to China, Colombia, Georgia, Jordan, Mexico, Nepal, Russian Federation, Spain, Turkey and Uzbekistan (information from NGOs appears in italics). This information was submitted to the respective Governments in January 2008 for their consideration. The Special Rapporteur is grateful for the information received. 3. The Government of Mongolia has not provided any follow-up information since the visits were carried out. 4. Owing to restrictions, the Special Rapporteur has been obliged to reduce the details of responses; attention has been given to reflect information that specifically addresses the recommendations and which has not been previously reported. As a result, requests from Governments to publish their replies in their totality could not be acceded to. The information contained below should be read together with information previously submitted (see appendix 1). Azerbaijan Follow-up to the recommendations made by the Special Rapporteur in the report of his visit to Azerbaijan in May 2000 (E/CN.4/2001/66/Add.1, para. 120). 5. The Government provided information by letter dated 4 December 2007. In general, the Special Rapporteur welcomed information that eleven detention centres were reconstructed, 53 detention centres were thoroughly repaired, and that the daily food A/HRC/7/3/Add.2 page 4 portion of detainees in temporary detention centres was increased in accordance with Decision No. 154 of 2001 by the Cabinet of Ministers. He notes additional measures taken to render medical assistance to persons detained in temporary detention centres and to create conditions for them to meet with their relatives in compliance with the Instruction of the Ministry of Internal Affairs of 27 December 2002. The Special Rapporteur reiterates his earlier call to the Government (see A/HRC/4/33/Add.2, para. 5) for ratification of the Optional Protocol to the Convention against Torture. He also encourages the authorities to envisage the establishment of an independent specialised body to investigate promptly and thoroughly all allegations of torture and ill-treatment. 6. Recommendation (a) stated: The Government should ensure that all allegations of torture and similar ill-treatment are promptly, independently and thoroughly investigated by a body capable of prosecuting perpetrators. 7. All information about torture and ill-treatment used by internal affairs officials in the fulfilment of their duties is investigated by prosecutorial agencies in accordance with the legislation in force. The Commission on Human Rights (Ombudsman) has the right to request relevant bodies to open a criminal investigation. 8. Recommendation (b) stated: Prosecutors should regularly carry out inspections, including unannounced visits, of all places of detention. Similarly, the Ministries of Internal Affairs and of National Security should establish effective procedures for internal monitoring of the behaviour and discipline of their agents, in particular with a view to eliminating practices of torture and ill-treatment; the activities of such procedures should not be dependent on the existence of a formal complaint. In addition, non-governmental organizations and other parts of civil society should be allowed to visit places of detention and confidential interviews with all persons deprived of their liberty. 9. In compliance with article 22 of the Code of Enforcement of Sentences, the public prosecutors providing procedural guidance for preliminary investigations, as well as judges exerting judicial control and performing judicial functions have the authority to visit places of detention. A procedure of internal monitoring exists within the Ministry of National Security in order to supervise the behaviour and discipline of employees. 10. A “Code of ethics of the employees of the bodies of internal affairs” was approved under the order of 8 April 2005 by the Ministry of Internal Affairs. A “hot- line” has begun to operate in the ministry since 2006 and it gives citizens the opportunity to inform the ministry of violations of their rights and freedoms by police agents. All the complaints received in the current year were immediately investigated, and the employees found guilty on the affirmed facts were held responsible. 11. Concerns regarding temporary police detention facilities raised during trainings held by the Commission on Human Rights were thoroughly investigated by the Ministry of Internal Affairs and urgent steps were taken to address the shortcomings. Measures were
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