Convention
Abbreviation:
CAT
COMMITTEE AGAINST TORTURE
Nineteenth session
10 - 21 November 1997
Concluding observations of the Committee against Torture
101. The Committee considered the initial report of Cuba (CAT/C/32/Add.2)
at its 309th, 310th, 312th and 314th meetings, on 17, 18 and 19 November
1997 (CAT/C/SR.309, 310/Add.1, 312 and 314), and adopted the following
conclusions and recommendations.
1. Introduction
102. The report was submitted
on 15 November 1996, nearly within the time limit envisaged by the
Convention on the submission of the initial report by the parties
following their accession to the Convention.
103. The Committee expresses
its appreciation to the representatives of Cuba on the presentation
of their report and the efforts made to answer most of the many questions
raised by the rapporteur, the co-rapporteur and the members of the
Committee.
2. Positive aspects
104. The Cuban Constitution
commits the State to upholding the dignity of the individual and safeguards
the inviolability of the person and his/her home.
105. Cuba acknowledges
the universal jurisdiction for the trial of crimes against humanity,
to which category, many would argue, torture belongs.
106. The provision of
the Cuban labour code that persons acquitted of criminal offences
are entitled to compensation for any period in which they were deprived
of their liberty as a result of pre-trial detention is a salutary
one.
107. The constitutional
prohibition of the use of violence or pressure "against people to
force them to testify" associated with the declaration that statements
obtained in breach of this principle are null and void and the holding
of those responsible for such violations as liable to punishment is
a most welcome one.
108. The Committee welcomes
the criminalization of every form of complicity in crimes against
humanity, human dignity and offences laid down in international treaties.
3. Factors and difficulties
impeding the application of the Convention
109. The deteriorating
economic conditions attributable, inter alia, to the embargo
in force make it difficult for the State party to provide appropriate
nutrition and essential medical supplies to prisoners.
4. Subjects of concern
110. The failure to establish
a specific crime of torture as required by the Convention leaves a
gap in the application of its provisions that is not filled by any
of the existing offences directed against violations of the bodily
integrity or the dignity of the individual. Moreover, the absence
of the specific offence of torture renders difficult the monitoring
of the application of the Convention.
111. The report of the
Special Rapporteur appointed by the Commission on Human Rights on
the situation of human rights in Cuba is a matter of great concern
to the Committee. Reports of NGOs raise similar concerns, a fact that
intensifies our concern. The information disclosed in the above reports
suggests that there occur serious violations of the Convention with
regard to arrest, detention, prosecution, access to counsel and imprisonment
of individuals, especially persons referred to in the reports as dissidents,
and that serious violations occur in prisons affecting the safety,
dignity and health of prisoners.
112. The failure of the
Cuban authorities to make a response to allegations made in the above
reports is an additional subject of concern.
113. Certain nebulous
offences, namely "disrespect", "resisting authority" and "enemy propaganda",
arouse the concern of the Committee because of the uncertainty of
their constituent elements and the room they provide for misuse and
abuse.
114. Certain types of
punishment primarily directed at the limitation of the liberty of
citizens, i.e. internal exile and confinement at home, are matters
of great concern to the Committee.
115. The absence of specific
training in the norms of the Convention for law enforcement personnel,
of civil and military, medical personnel and personnel generally involved
in the arrest, custody, interrogation, detention and imprisonment
of individuals is a matter of concern, more serious still in view
of the absence of the stipulation of the specific crime of torture.
116. The absence of adequate
information about the investigation of complaints of torture and other
inhuman and degrading treatment and the outcome of any such investigations
is cause for concern. In the absence of such information, the Committee
cannot make a proper assessment as to whether there is compliance
on the part of the State party with the provisions of article 12 of
the Convention. Our concerns in these areas are enhanced because of
the many complaints made that certain categories of persons referred
to in the reports as dissidents are targeted and their fundamental
rights violated without having satisfactory means of redress.
117. The Committee is
concerned about the absence of satisfactory information as to the
rights of victims of torture and other inhuman and degrading treatment
to seek redress including satisfactory compensation.
5. Recommendations
118. The Committee recommends
that the following actions be taken by the State Party:
(a) The criminalization
of torture, as defined in the Convention, by the creation of a specific
crime or crimes giving effect to every aspect of it;
(b) The establishment
of a transparent permanent procedure for receiving complaints about
torture and other inhuman and degrading treatment or punishment, the
prompt examination of such complaints and bringing to justice those
responsible;
(c) The incorporation
into the law of the right of the suspect or detainee to silence at
all stages of investigation;
(d) The establishment
of a system of recurrent review of prisons as required by article
11 of the Convention with a view to improving conditions in prisons;
(e) Revision of the rules
to the organization of the judicial system in accordance with international
instruments on the subject, namely the United Nations guidelines on
the independence of the judiciary;
(f) The setting up of
a comprehensive programme, which should be kept under constant review,
for educating and training law enforcement personnel, medical personnel,
public officials and all those involved in the interrogation, custody
or treatment of any person arrested, detained or imprisoned;
(g) The establishment
of a central register containing adequate statistical data about complaints
of torture and other inhuman or degrading treatment or punishment,
investigation of such complaints, the time within which the investigation
is conducted and any prosecution mounted thereafter and its outcome;
(h) The establishment
of a compensation fund for the compensation of the victims of torture
and other prohibited treatment;
(i) Allowing into the
country human rights NGOs and cooperating with them in the identification
of cases of torture and other inhuman and degrading treatment;
(j) Urgently addressing
complaints about torture and other cruel, inhuman or degrading treatment
or punishment raised in NGO reports and the reports of the Special
Rapporteurs; taking such action as the obligations of the State party
under the Convention warrant; and reporting to the Committee the outcome
of such investigations and any action taken in the next periodic report.