COMMITTEE AGAINST TORTURE BEGINS EXAMINATION OF REPORT OF PARAGUAY

The Committee against Torture this morning began its consideration of the combined fourth to sixth periodic reports submitted by Paraguay on how it implements the provisions of the Convention Against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment.

Introducing the report, Federico Gonzalez, Permanent Representative of Paraguay to the United Nations Office at Geneva, said that Paraguay was in the process of updating its definition of torture in alignment with the Convention. The recently-established National Mechanism for the Prevention of Torture (April 2011) was an autonomous body with legal powers, created to strengthen the protection of persons deprived of their freedom and to achieve the eradication of torture and other cruel and degrading treatments. A National Action Plan was in development with civil society. Education in human rights was very important, especially in areas of non-discrimination, equality and justice. Paraguay was aware that challenges remained to fulfil the Convention, and while some aspects had improved there was still a long way to go, and Paraguay would benefit from the dialogue.

Fernando Marino Menendez, the Committee Expert who served as Rapporteur for the report of Paraguay, thanked Paraguay for signing up to the Optional Protocol, for hosting a visit from the Chairman of the Sub-Committee on Torture, and congratulated them on their education programme. The establishment of a Truth and Reconciliation Commission and an Ombudsman’s Office were very positive developments. Paraguay had said that it would not allow torture to take place, would punish those who practised it and compensate those who had suffered from it. Mr. Marino Menendez then raised questions about cases of enforced disappearances, allegations of the use of torture in police stations and impunity among the police, and the state of emergency currently enacted in Paraguay.

Nora Sveaass, the Committee Expert who served as Co-Rapporteur for the report of Paraguay, asked about the training of law enforcement, armed forces, police officials and public prosecutors on their obligations under the Convention? Was training given on techniques for carrying out criminal investigations and interrogations? What was the participation of non-governmental organizations in such programmes? Other Committee Experts raised questions about the “deplorable” prison conditions, corruption among prison guards, and also asked for information on how victims of torture and human rights violations, including those inflicted under the late dictatorship, had been compensated. Committee Experts raised issues including detention in isolation, trafficking of persons, abortions for victims of rape, the rights of asylum seekers and the status of confessions produced under torture.

The delegation from Paraguay included representatives from the Criminal Justice Department, Human Rights and International Humanitarian Law Department of the Ministry of Defence, Supreme Court of Justice, Human Rights Department of the Ministry of the Interior and the Permanent Mission of Paraguay to the United Nations Office at Geneva.

The Committee will next meet in public at 3 p.m. on Thursday, 3 November when it will hear the response of Djibouti to questions raised yesterday by the Committee. The Committee will hear the response of Paraguay on Friday, 4 November at 3 p.m.

Report of Paraguay

The combined fourth to sixth periodic reports of Paraguay (CAT/C/PRY/4-6) note that a bill is under consideration to amend articles 236 and 309 of the Criminal Code so that torture is defined as an offence in terms that comply with the Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment, the Inter-American Convention to Prevent and Punish Torture, the Inter-American Convention on Forced Disappearance of Persons and other human rights instruments. The bill aims to protect people’s rights and penalize and eliminate torture, a practice which violates human rights.

Torture has still not been defined as a criminal offence in the Military Criminal Code (Act No. 843/80). There are plans to set up a commission to review the Military Criminal Code and remedy this omission. The commission will have the power to amend the Military Criminal Code to incorporate a definition of torture as a criminal offence that is in accordance with article 1 of the Convention against Torture and to establish penalties consistent with the grave nature of this offence. It will be possible to report on the criminalization of acts related to torture, such as enforced disappearances and extrajudicial executions, once the review process is under way. By establishing the imprescriptibility of torture, the Supreme Court of Justice has ensured a high standard of human rights protection and reaffirmed the principle that the violation of fundamental human rights must not go unpunished.

The training provided by the Ministry of Defence and the Armed Forces is intended to prevent acts of torture by non-commissioned officers of the Armed Forces and focuses on awareness-raising, the dissemination of information and education. The aim is to develop human rights programmes for prevention and awareness-raising in the areas of education and training within the Armed Forces, through learning institutions, training centres, training courses, courses for promotion candidates and advanced training courses.

Presentation of the Report

FEDERICO GONZALEZ, Permanent Representative of Paraguay to the United Nations Office at Geneva, said that in 2011 Paraguay had defended its national report at the Universal Period Review process, and had been reviewed by the Committees on the Elimination of Racial Discrimination and on the Elimination of Discrimination against Women. All recommendations by those bodies had been taken on board by Paraguay, and the State party said it would similarly implement any recommendations made by the Committee against Torture. The Paraguayan State had published the initial report of 2009, and that of the follow-up visit by the Sub-Committee on Torture, and had continued open dialogue with Paraguayan non-governmental organizations working on torture prevention.

Paraguay was in the process of updating its definition of torture in alignment with the Convention against Torture. The recently-established National Mechanism for the Prevention of Torture (April 2011) was an autonomous body with legal powers, created to strengthen the protection of persons deprived of their freedom and to achieve the eradication of torture and other cruel and degrading treatments. In order to effectively combat violations of human rights, it was important to have a structure, and the specialised units established under the National Mechanism did that. It was important to have a good education programme on human rights, both in schools, communities and in the workplace. A National Action Plan was in development with civil society. Groups and sectors that historically had not been heard were now having their views taken into account in that development process, via workshops held in rural and urban areas.

Many measures were needed to improve human rights in Paraguay, but the State was committed to the consolidation of fundamental human rights for all citizens. Education in human rights was very important, especially in areas of non-discrimination, equality and justice. It was worth mentioning that 37 detainees of the main penitentiary centre for women would soon start university courses in law and psychology, thanks to a new inter-ministerial convention. The university education programme would be developed within the women’s prison in order to give detainees an opportunity to obtain different academic degrees. The Government of Paraguay was aware of the challenges that remained to fulfil the Convention against Torture, and while some aspects had improved, there was still a long way to go and Paraguay would benefit from the dialogue.

Questions by the Rapporteur

FERNANDO MARINO MENENDEZ, Committee Expert who Served as Rapporteur for the report of Paraguay, thanked Paraguay for signing up to the Optional Protocol, for hosting a visit from the Chairman of the Sub-Committee on Torture, and congratulated them on their education programme. He praised the high-ranking delegation and said Paraguay was one of the important countries that had managed to rid itself of a lengthy dictatorship. The establishment of a Truth and Reconciliation Commission and an Ombudsman’s Office were very positive developments. Under President Lugo everyone believed that great reform was taking place in Paraguay. The State party was very cooperative with all treaty bodies, although it had not yet accepted Article 20 of the Convention, which would be a useful mechanism. Paraguay had said that it would not allow torture to take place, would punish those who practised it and compensate those who had suffered it.

The Committee was very interested in cases of enforced disappearance in Paraguay. Regarding the detention of foreigners, or aliens, how was the Vienna Convention complied with concerning consular services? Could the slow legal process for detainees be speeded up? Regarding the trafficking of persons, it was important to link it to policy on asylum seekers, as often asylum seekers were trafficked persons. Furthermore had there been any cases of extradition, particularly where a person might be in danger of being tortured on their return? Had any cases of extradition been refused for those reasons?

There were allegations of use of torture in police stations and cells, in the first moments of detention. It seemed that typified cases of torture were not invoked, while minor cases of torture were. There had been no convictions, which indicated impunity. Who received complaints of torture in police stations? Mr. Marino Menendez asked about excessive use of force by law-enforcement officers, particularly private security services. Was it true that there was no official register of police weapons?

There was a state of emergency in Paraguay, which was little spoken about, but had apparently been enacted to combat terrorist groups, namely the Paraguayan People’s Army. Could human rights provisions be suspended under the state of emergency, how long would it last, and was it really to combat terrorism, or drug trafficking, or organized crime?

NORA SVEAASS, Committee Expert who Served as Co-Rapporteur for the report of Paraguay, said that as one of the many Latin American countries that over the last 20 years had rid themselves of a dictator and embarked on the path to peace and democracy, Paraguay had made good progress. However, how had the State party dealt with the crimes of the former regime, how had victims of that regime been acknowledged and redressed, and how had the State ensured that those crimes would not be repeated in the future? What legal steps had been taken to ensure the legacy of the dictatorship would not stand in the way of Paraguay’s democratic future?

Ms. Sveaass asked about the training of law enforcement, armed forces, police officials and public prosecutors on their obligations under the Convention? Was training given on techniques for carrying out criminal investigations and interrogations? What was the participation of non-governmental organizations in such programmes?

Cases of severe police violence had been raised, including one 2009 allegation that a suspected thief was stripped naked, taken to the police and exposed to serious harm which resulted in him spending several days in hospital. Another case involved community members being forced to lie down with their hands behind their heads while being walked upon and kicked repeatedly.

Questions concerning prison detainees: it seemed that many prison inmates were isolated for long periods. A Mexican inmate had spent 15 days in isolation on unclear grounds. What disciplinary breaches led to the punishment of being held in isolation? Were the cases of isolation registered and monitored? There was a problem of corruption of prison guards, who often received money from inmates in order to buy things that should be provided to them free of charge, such as walks outside, access to a lawyer or basic medicine. When so many services were being paid for, could the delegation explain what was being done to fight that system of corruption? It was alleged that women in prisons were forced to sell sex to male prison guards. If there had been instances of that, could the delegation please confirm, and explain what action was being taken? The drug problem in prisons was a global problem; what specific tactics was Paraguay using to fight that problem?

Compensation cases for victims of torture were divided into violations during the time of the dictatorship of 1954 to 1989, and those that happened after the fall of the dictatorship. What compensation had been received, and could the delegation provide information or other rehabilitation measures, such as medical rehabilitation or training?

Trafficking was unfortunately a problem in Paraguay, as in many other countries. The State party has replied with detailed information, but there were still some questions, such as how many persons had been found guilty of trafficking, and what was being done to support victims? What training and awareness-campaigns on trafficking of persons were being aimed at prosecutors and border police?

There was a strict abortion rule in Paraguay; what was officially done to help a woman or girl who had become pregnant as a result of rape, incest, or even rape through trafficking? What happened if a pregnant woman or girl’s life was directly threatened by the pregnancy, such as an extra-uterine pregnancy? What happened to a doctor who performed an abortion he or she thought was absolutely medically necessary?

There had been reports of ill-treatment of psychiatric patients, although the State party had made serious reforms in that area, and a recent visit to a psychiatric hospital found very satisfactory conditions. Could the delegation inform of any new laws being passed to protect persons suffering from medical illness?

Questions from Committee Experts

Committee Experts said conditions in prisons in Paraguay were said to be deplorable. What was being done to improve them? Five of 15 detention facilities in Paraguay were dramatically overcrowded, while the other ten had great capacity or were almost empty. What were the reasons for that imbalance?

Regarding confessions produced under torture, any judgement could be repealed when testimony was proved to be false. Were any sanctions imposed when it was found that confessions were produced under torture, or was it at the judge’s discretion?

Had the practice of ‘hazing’ involving extreme punishment of new military conscripts – in the form of extreme physical exercise and isolation cells – been investigated, and had persons been sanctioned for the practice?

The penalty for domestic violence was only a fine, and only if the practice had been habitual and if the persons concerned co-habited. Had there been revisions to that law, and did the Government think the penalty for domestic violence was adequate? Were there statistics on domestic violence? Was there intention to make marital rape on offence, and provide legal protection for victims of domestic and sexual violence?

The Sub-Committee on Torture found there had been a child pornography ring happening within a prison, and recommended that an investigation took place. Was there such an investigation? Was the State going to criminalize corporal punishment of children, even in the home?

The abolition of the death penalty was an important step, and the Convention Against Torture had twice been invoked by national courts in Paraguay. Had there been any training of judges on using the Convention, or using it in national legislation?

Remarks by the Head of Delegation

FEDERICO GONZALEZ, Permanent Representative of Paraguay to United Nations Office at Geneva, thanked the distinguished experts for their questions, and said the delegation would return with answers tomorrow.


For use of the information media; not an official record

CAT11/031E