The Maldives in Focus

The Republic of Maldives became party to the UN Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment (UNCAT) on 20 April 2004 and to its Optional Protocol (OPCAT) on 15 February 2006.

Political leaders, such as former President and current Speaker of Maldives’ Parliament, H.E. Mohamed Nasheed, himself a victim of torture, have been vocal about the importance of addressing past human rights abuses and working on reforming existing institutions to provide greater reporting, oversight, and accountability for acts of torture, particularly in prisons and other places of detention. In 2013, the Maldives enacted the stand-alone Anti-Torture Act (ATA), aimed to bolster accountability to its populace and to provide for a separate offence of torture.

The implementation of Anti-Torture Act 2013 and the positive outcome it brings to the prison system is immense. The reporting mechanism for the National Preventive Mechanism (NPM) ensures transparency and accountability when dealing with prisoners – which I believe is an integral part of preventing torture and ill-treatment of prisoners.

Tholath Raufuddeen, Director General, Monitoring, Rehabilitation and Peace Department, Ministry of Home Affairs

In December 2019, the Government of current President H.E. Ibrahim Mohamed Solih issued a declaration under Article 22 of UNCAT recognising the competence of the UN Committee Against Torture to receive individual complaints of torture and other ill-treatment from or on behalf of individuals within Maldives’ jurisdiction. The Maldives has also cooperated with several UN internal bodies and received visits from the Subcommittee on Prevention of Torture (SPT) in 2007 and from the Special Rapporteur on torture and other cruel, inhuman (SRT) in 2019 and is working to implement the received recommendations.

Preventing and responding to torture and other ill-treatment in custodial settings

The Maldives has focused efforts on preventing and responding to torture and other ill-treatment in custodial settings. The Prisons and Parole Act, which was unanimously passed, like the ATA, on 16 December 2013, prohibits torture and other ill-treatment by prison officers and makes it a disciplinary offence. Furthermore, it establishes an internal complaints mechanism and also empowers independent institutions, international mechanisms and Parliamentary Committees to conduct monitoring visits and to receive and investigate complaints. Additionally, as the country’s designated National Preventive Mechanism (NPM) under OPCAT, the Human Rights Commission of the Maldives (HRCM) has been conducting regular unannounced visits to prisons and all places of detention and has played a key role in implementing awareness-raising programmes on UNCAT, OPCAT and the Nelson Mandela Rules among relevant stakeholders. At the initiative of the Ministry of Home Affairs, the Maldives has undertaken a comprehensive audit of all prisons in 2019 and a Prison Reform Monitoring Committee has been established to oversee proposed recommendations. The Maldives Correctional Service is also finalising a Regulation expected to set standards in line with the UN Standard Minimum Rules for the Treatment of Prisoners (the Nelson Mandela Rules).

Transitional justice, reconciliation and torture prevention

The Maldives’ democratic transition led to the adoption of a new Constitution in 2008, embarking on political and institutional reform and making strides in addressing past human rights violations, including torture and other ill-treatment. In order to reconcile with its past, the Maldives has taken several transitional justice-related measures, including setting up a Commission on Murders and Disappearances
charged with investigating unresolved cases of murder and enforced disappearances that occurred between 1 January 2012 and 17 November 2018. Additionally, in late 2020, the Transitional Justice Act was enacted, establishing the Office of the Ombudsman for Transitional Justice. The Transitional Justice Act sanctions investigations into human rights violations by State authorities and government officials
through the Ombudsman’s Office and provides a framework for redress and reparations for victims, outlining measures to be undertaken to prevent its commission in the future.

Supporting UNCAT regional universality in Asia

The Maldives has approached its obligations to UNCAT to harness the benefits of becoming a State party, particularly to exchange on best practices to prevent and respond to torture and other ill-treatment with fellow States parties, in an effort to bolster social cohesion and promote an inclusive political environment.
As a member of the Alliance of Small Island States (AOSIS) and of the South Asian Association for Regional Cooperation (SAARC), the Maldives hopes to inspire other SIDS and States across South Asia to become party to UNCAT and stands ready to share its experiences, good practices and pathway forward.

CTI support for States

For those States interested in how the CTI can support their efforts towards ratification and/or implementation of UNCAT, please contact advicehub@cti2024.org. Other country experiences are available here.

Download the Maldives in Focus blog here.

Indonesia in Focus

Indonesia was among the 41 States that signed the UN Convention against Torture (UNCAT) within the first year of its adoption by the UN General Assembly in December 1984. On 28 October 1998, Indonesia became the third Southeast Asian States party to the Convention1 and has taken a leading role in promoting the universal ratification of UNCAT in the region and beyond, including by being one of the Core States founding CTI in 2014. At the CTI Regional Seminar for the Asia-Pacific held in Bali in November 2019, former Deputy Minister for Multilateral Cooperation, H.E. Febrian A. Ruddyard noted:

It took Indonesia 13 years to go from signing to ratifying the UNCAT. Indonesia therefore understands the challenges that stand in between.

On the importance of the steps to be taken after the ratification of UNCAT, he further stated:

Indonesia also understands that the ratification of UNCAT and its universalization is not the end game. The full implementation of the Convention is the next challenge that all States parties must face head-on in order to eradicate torture and other ill-treatment once and for all.

Building an anti-torture legal framework to prevent torture and ill-treatment

The right of every person to be free from torture or inhuman and degrading treatment as a human right that cannot be limited under any circumstances is enshrined in Indonesia’s 1945 Constitution. Since ratifying UNCAT, Indonesia has taken legislative reforms to strengthen the implementation of the absolute prohibition of torture and other ill-treatment by incorporating the provision in domestic legislation2 and several regulations by the Chief of the Indonesian National Police have been issued that specifically prohibit the police from using torture in the conduct of their duties, emphasizing this right is non-derogable under any circumstances.

Towards human rights compliant policing – implementing non-coercive investigative interviewing

Indonesia is at the forefront of countries that are implementing non-coercive, rapport-building investigative interviewing methods as opposed to coercion-oriented interrogations.

Indonesia has actively promoted the use of investigative interviewing, referred to as ‘wawancara investigatif’, including by hosting regional seminars on this particular tool for the prevention of torture and has supported the development of the CTI Training Tool 1/2017: Investigative Interviewing for Criminal Cases, which is now used for training in different regions of the world.

The Indonesian National Police has cooperated with different international actors to hold training on investigative interviewing for criminal investigators, military intelligence, and police officers from regional police forces since 2013. Since 2016, investigative interviewing is included as part of the continuous training programme for criminal investigation detectives.

Multi-stakeholder institutional collaboration to prevent torture and other ill-treatment

Indonesia has built solid cross-sectoral collaborations that allowed institutions to gain trust amongst different stakeholders, which serves as an example of how various State Institutions can efficiently work together towards a common goal of preventing torture and other ill-treatment.

An example of such institutionalized multi-stakeholder collaboration is the joint initiative for cooperation in preventing torture and other ill-treatment in the penitentiary system and other places of deprivation of liberty that was launched in 2016 by the Ministry of Law and Human Rights of Indonesia together with Komnas HAM (the NHRI of Indonesia), Komnas Perempuan (Indonesia’s Commission on Violence against Women), KPAI (The Indonesian Child Protection Commission), LPSK (Indonesia’s Victim and Witnesses Protection Agency) and Indonesia’s Ombudsman. Besides monitoring places of detention, together with the police, the four institutions also provide training for police officers.

In 2004, the Indonesian National Police together with the Australian Federal Police created the Jakarta Center for Law Enforcement Cooperation (JCLEC) which also strives to further professionalize law enforcement, including through capacity building on investigative interviewing for Indonesian law enforcement officials.

Promoting regional universality in Asia

More than half of the Southeast Asian States have already ratified UNCAT and Indonesia continues to engage with remaining non-States-parties in the region including through CTI as well as through its important role as a founding member of the Association of Southeast Asian Nations (ASEAN) and its robust relationship with the other ASEAN Member States. Based on Indonesia’s experience in ratifying and implementing UNCAT, Minister for Foreign Affairs of the Republic of Indonesia H.E. Retno L.P. Marsudi, states that:

We are aware that ratification comes with challenges for full implementation. This is where international cooperation comes to the fore, to assist countries in carrying the Convention into action through training and capacity building of its national institutions and legal officers. In this context, Indonesia sees the importance of peer-to-peer learning, a core principle of CTI as a ‘States for States’ initiative. This is particularly important because there is no ‘one-size-fits-all’ formula for the implementation of the Convention.

CTI support for States

For States interested in how the CTI can support their efforts towards ratification and/or implementation of UNCAT, please contact info@cti2024.org. Other country experiences are available here.

Samoa in Focus

Ratification and implementation of the UN Convention against Torture signals our commitment to upholding international human rights standards. [I]mplementing the Convention will be critical to our efforts to deliver on SDG 16 and our vision to promote a safe, fair and just Samoa,” stated Hon Tuilaepa Sailele Malielegaoi, Prime Minister of the Independent State of Samoa, upon acceding to the UN Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment (the Convention, or UNCAT) on 28 March 2019.

Samoa’s Constitution guarantees freedom from torture and ill-treatment, and since it ratified UNCAT, the Government has been taking action to concretise it.

UNCAT supports sustainable development in Samoa

Samoa has viewed its participation in UNCAT as a priority for achieving the 2030 Agenda for Sustainable Development. As common goals for both the Convention and the Sustainable Development Goals (SDGs), Samoa is giving particular importance to improving crime management strategies, and fairer and more responsive justice systems.

In the country’s Voluntary National Review, in July 2020, UNCAT was referred to as helping attain Goal 16 on Peace, Justice and Strong Institutions:

Samoa’s recent ratification/accession of the UNCAT and UNCAC [United Nations Convention against Corruption] signal the importance placed on addressing corruption, strengthening the rule of law and administration of justice, facilitating effective law enforcement, and producing safer and professionally managed prisons. Furthermore, Samoa does not have a military force nor an armed police force. Thus, strict observance of the rule of law is critical to ensuring a safe and peaceful Samoa and meeting our international governance, justice and peaceful society obligations.

Samoa’s Voluntary National Review

Stepping up training for police and law enforcement officials

Samoa has lost no time in beginning to implement the Convention by bolstering training for police and law enforcement personnel. In 2019, 100 new police recruits were trained. In 2020, members of the Samoa Police Service, Ministry of Justice and Courts Administration and other relevant stakeholders participated in a training facilitated by the Fiji Police Force, UNDP, and the British High Commission in Samoa, which focused in particular on video-recorded interviews and non-coercive investigative interviewing techniques, both safeguards that have in many other countries reduced significantly risks of abuse or coercion, and securing reliable convictions.

This training marks a significant step in our efforts to ensure that all arrested and detained persons are treated in line with UNCAT and international standards.

Mr Fuiava’ili’ili Egon Keil, Samoa’s Police Commissioner

Yearly trainings are also being organised for new police recruits, in cooperation with Samoa’s Office of the Ombudsman, which also operates as the country’s national human rights institution (NHRI). Samoan police have further developed guidelines to follow in their daily work, covering operational areas of arrest, interrogation and detention.

Monitoring mechanisms reinforce anti-torture efforts

In order to track its human rights commitments, Samoa established a National Mechanism for Implementation, Reporting and Follow-up (NMRIF) in 2016, which was also involved in preparations for Samoa’s accession to UNCAT. Samoa’s NMIRF serves as an example to emulate for other Pacific States, particularly thanks to its use of technology through the Sadata tool, which is an online tool, accessible to all, to centralise the country’s progress on all indicators and recommendations linked to human rights and SDGs. With it, the NMIRF can efficiently prepare reports to the United Nations system, including the initial report to the Committee against Torture. Samoa is also one of the eight countries to have endorsed the “Pacific Principles of Practice” for NMIRFs in 2020.

Additionally, Samoa’s monitoring framework is strengthened by being the first Pacific country to establish a National Human Rights Institution (NHRI) compliant with the Paris Principles. The independent Office of the Ombudsman has been entrusted with the role to monitor compliance by national organs with human rights and investigate allegations of violations. As such it is an important actor in torture prevention and response.  In particular, the Ombudsman’s Office visits places where persons are deprived of their liberty and makes recommendations to the Government where improvements could be made. In 2019, 70 per cent of the Ombudsman’s recommendations on prisons were implemented. The NHRI further recognised the efforts made by the Ministry of Police in upgrading police cells and human rights trainings for recruits, and welcomed measures put in place by the Prisons and Correctional Services to improve issues of accommodation and access to food and water in places of detention.

The impact of such independent and reliable oversight mechanisms reinforces Samoa’s actions and resolve to create a country and society free from torture and ill-treatment, in line with the Convention.

CTI and Samoa cooperation

In the lead up to Samoa’s accession, the Convention against Torture Initiative (CTI) was pleased to cooperate with the Government and held an awareness-raising workshop followed by a diplomatic visit by a CTI delegation in October 2017. This type of cooperation allowed the authorities to appreciate the scope of the obligations and benefits of the Convention, launch a review process of relevant laws and practices, and be ready to hit the ground running to implement UNCAT once the country became a party.

For States interested in how CTI can support their efforts towards ratification and/or implementation of UNCAT, please contact our Advice Hub at advicehub@cti2024.org.

Angola in Focus

According to the Secretary of State for the Interior, H.E. José Bamóquina Zau, the Government of Angola joined the UN Convention against Torture (UNCAT) aspiring to “join the international community and continue [Angola’s] efforts to guarantee the effective application of the international legal instruments that prohibit torture and all forms of cruelty and humiliation”. Angola ratified UNCAT, without reservations, on 2 October 2019.

UN Convention against Torture helping to underpin Angola’s criminal justice legislation

Angola’s decision to become party to UNCAT formed part of a
series of ongoing reforms to elevate and respect human rights
in the country.

Bolstered by constitutional guarantees against torture and cruel, inhuman or degrading treatment, Angola has in recent years introduced a number of complementary laws:

  • A new Penal Code, approved in 2020, explicitly criminalises torture and ill-treatment and, additionally, differentiates a separate offence of torture as a crime against humanity.
  • The Prisons Act from 2008 renders unlawful the prison service from committing any act of torture against persons deprived of their liberty. To ensure oversight and transparency, the Prisons Act allows visits to be carried out by different authorities and stakeholders such as the Ombudsperson, the Secretary of State for Human Rights and Citizenship and non-governmental organisations.
  • A new Code of Criminal Procedure (CCP), adopted in 2020 after extensive consultations, gives effect to the reformed Penal Code and places the right of victims, witnesses and defendants centre-stage. Among other provisions, evidence obtained through torture, ill-treatment and other coercive methods is considered void, perfectly satisfying Article 15 of UNCAT.
  • Angola has also reformed its law governing the organisation and the functioning of the National Police. This text, which oversees the police’s behaviour, obliges officials to always act under the principles of, inter alia, legality, proportionality, and equality, in order to protect citizens from abuse and to combat impunity.

These positive developments will improve Angola’s justice and law enforcement systems. A Commission for Justice and Law Reform, coordinated by the Ministry of Justice and Human Rights, was reactivated to streamline these endeavours. The current priorities of the Commission are to examine and propose reforms to the laws governing Angola’s Supreme Court, the Superior Council of the Judiciary and the Office of the Prosecutor General.

Speaking on the UN Convention against Torture and these and upcoming reforms, the Secretary of State for Human Rights and Citizenship, Dr. Ana Celeste Cardoso Januário, said:

The ratification of the Convention is aligned with the National Human Rights Strategy and its Action Plan aims to ensure better protection for citizens against torture and ill-treatment, both from formal and material points of view.

Putting UNCAT into practice

No doubt that these legal reforms send a strong message that torture and ill-treatment are rejected by Angola’s legal system as well as by Angolan society. In fact, the sizable challenge of adopting legislative and institutional initiatives needs to continue to make the commitment concrete through public policies and to guarantee confidence in public institutions and authorities.

Angola’s Human Rights Strategy for the period 2019-2022 aims to raise awareness and build the capacity of authorities responsible for implementing the legal framework for the promotion, defence and protection of human rights. Bodies involved in the administration of justice, as well as public servants and citizens in general, must respect international human rights standards.

CTI’s seminar held in Luanda in August 2019 in the lead-up to Angola’s ratification of UNCAT was part of this process. The event brought together 60 participants from different ministerial departments and other public institutions, as well as civil society, to discuss good practices as well as how to overcome some continuing challenges. Educating and training public officials is a key aspect of UNCAT, foreseen in Article 10.

Additionally, UNCAT requires States to allow complaints and to carry out investigations into allegations of torture and ill-treatment. Angola’s Ombudsperson’s Office (Provedoria de Justiça) is empowered to receive such complaints and investigate allegations. In the 2017-2019 period, more than 250 public officials in the country were subject to disciplinary or criminal sanctions following complaints of abuses. New legislation and monitoring mechanisms which preceded and followed ratification will, thanks to the standards enshrined in the Convention, be geared up to better respond to such incidents in a consistent manner. They will also strengthen accountability and create more transparent rules of conduct for public officials.

The Government of Angola has prioritised tackling the root causes of torture and ill-treatment, improving conditions of detention, and strengthening the processes of rehabilitation and social reintegration of the prison community. A concrete example is the “New Direction, New Opportunities” programme, which assigns industrial and agricultural units to a wide range of detention facilities, to allow prisoners to develop skills needed for their subsequent reintegration into the labour market after serving their sentence. In addition, judges can now apply non-custodial measures as alternatives to pre-trial detention, thereby reducing overcrowding of prisons.

Angola is further seeking to put an end to torture-related scourges such as human trafficking and gender-based violence. Angola has established an Inter-ministerial Commission to Combat Human Trafficking and launched a National Plan of Action to implement its recommendations, as well as an Executive Plan to Combat Domestic Violence. With these measures, the Government of Angola will be able to align its due diligence framework by preventing and combating torture and ill-treatment whatever their source, thus implementing UNCAT in a comprehensive manner.

CTI support for States

For those States interested in how the CTI can support their efforts towards ratification and/or implementation of UNCAT, please contact advicehub@cti2024.org. Other country experiences are available here.

Grenada in Focus

In acceding to the UN Convention against Torture (UNCAT) in September 2019, Hon. Kindra Maturine-Stewart, Grenada’s Minister of Legal Affairs said:

The fundamental principles of the UN Convention against Torture are enshrined in Grenada’s Constitution and in other legislative provisions. As a country, we are committed to the rule of law and the fair and effective administration of justice. Acceding to UNCAT will benefit Grenada in establishing a more professional and effective police and criminal justice system.

She mentioned the decision to accede to UNCAT was consistent with Grenada’s Universal Periodic Review commitments made in 2015, and has been part of a positive process of engagement with the Convention against Torture Initiative (CTI), stating:

Grenada has been a beneficiary of CTI’s technical support and quiet diplomatic encouragement, and we look forward to additional discussions with the CTI States as we move to implement the Convention fully.

Strong constitutional and regulatory basis protects citizens against torture and ill-treatment

The Constitution of Grenada enshrines the right to be free from torture and ill-treatment and contains key rights of persons held in police custody and detention. Among other guarantees, the Constitution includes the rights of all persons to be informed of the reasons for their arrest or detention, and the right to be brought before a judge without delay. Additionally, the Police Act limits the period during which persons can be questioned, without a judicial extension, on reasonable suspicion of having committed or being about to commit a criminal offence to a maximum period of 48 hours, effectively protecting persons against unlawful detention. Grenada’s Evidence Act backs up this framework by excluding confessions or admissions obtained by inducement, threat or promise in any criminal proceedings.

Human dignity guides Grenadian police activities

Respect for the dignity of all members of the community is defined as one of the core values and principles of the Royal Grenadian Police Force (RGPF). The Force’s Code of Ethics recognises that protecting persons against oppression and intimidation is amongst the fundamental duties of police officers. Further, police officers vow to not resort to unnecessary force or violence in carrying out their duties.

involving the community in all policing activities is another of the RGPF’s service values. Community-policing initiatives across the country have been put in place in recent years to improve the relationship between the police and the citizens and communities they serve. As part of the programme, police patrol cars in some neighbourhoods act as police substations, allowing citizens to directly report crimes to them.

As acts of domestic and sexual violence can amount to torture and ill-treatment, positive developments in Grenada to tackle this challenge also support UNCAT implementation. As a strategic priority of the Government of Grenada for 2019-2021, a number of measures to combat domestic and sexual violence have been rolled out. Guided by the Domestic Violence Act of 2010 and the National Domestic Violence and Sexual Abuse Protocol of 2011, the specific roles and responsibilities of the RGPF in tackling domestic and sexual violence have been articulated through the Police Standing Orders (Amendment) 2017, which provide a framework for expeditious investigation and response to complaints of domestic and sexual violence and abuse. Notably, the Standing Orders state:

The RGPF will treat every report of domestic violence seriously and confidentially and will respond to calls for intervention in an expeditious manner, regardless of sex, race, sexual identity, religion, social status, the frequency of the reports or the conduct of the victim.

Making the juvenile justice system more child and age-appropriate

Grenada is one of the six CARICOM countries participating in the Juvenile Justice Reform Programme (JJRP), an initiative of the Organisation of Eastern Caribbean States (OECS) aiming to strengthen juvenile justice systems across the region. The programme promotes the rehabilitation and reintegration into society of youth in conflict with the law aged 18 years and below. Through the programme, Grenada was the first country in the Caribbean to draft and pass legislation, based on the OECS’ Child Justice Model Bill. The Juvenile Justice Act of 2012, which entered into effect in 2016, is in line with international standards, including the United Nations Standard Minimum Rules for the Administration of Juvenile Justice (also known as the “Beijing Rules”).

Additionally, Grenada’s Legal Aid and Counselling Clinic has introduced a psycho-educational programme called “ALTERNATIVES Programme”, which is now court-mandated and provides for alternative sentencing options for young men who come in conflict with the law, either who have already appeared before courts or who risk committing further offences. The programme is currently undergoing an evaluation.

Encouraging UNCAT ratification in the Caribbean

The Government of Grenada hopes to inspire other Caribbean countries to become party to UNCAT and is willing to share its experiences and pathway with interested countries across the region.

For States interested in how CTI can support efforts to ratify and/or implement UNCAT, please contact advicehub@cti2024.org.

Download the Grenada in Focus in PDF here.

Ghana in Focus

Ratifying and implementing the UN Convention against Torture and its Optional Protocol support institution building, the rule of law and the fair and effective administration of justice. Ghana ratified the UN Convention against Torture in 2000, and in 2016, joined UNCAT’s Optional Protocol. It is also a party to the African Charter on Human and Peoples’ Rights. * (1) For Ghana, these instruments have inspired changes to government policy and practice in a number of key areas. H.E. Ambassador Ramses Joseph Cleland, Permanent Representative of Ghana to the UN in Geneva, has noted:

[Ratifying and implementing the UN Convention against Torture] has helped us professionalise our police service, made our justice delivery system more efficient, and triggered much needed prison sector reforms to better promote and protect the rights of all detainees.

Cooperation with UN torture prevention bodies

Ghana has found that cooperating with the UN torture prevention bodies has helped identify areas for improvement and led to changes. Ghana has twice cooperated with the UN Special Rapporteur on Torture, who visited the country in 2013 and 2015, with the Government welcoming his recommendations and using them to inform policy-making. In May-June 2019, the UN Subcommittee on Prevention of Torture carried out a visit to Ghana, to advise on the establishment of a National Preventive Mechanism (NPM) and to examine the treatment of persons deprived of their liberty.1 Ghana ratified UNCAT on 7 September 2000. On 23 September 2016, Ghana ratified the Optional Protocol to UNCAT, which it had already signed in 2006. Ghana has been a party to the African Charter on Human and People’s Rights since 1 March 1989.

Building a safe and dignified prison system

In many countries, prisons are frequently under-funded, yet they are also sites of potential reputational risk for governments if not prioritised.

In 2015, the TV documentary “Locked and Forgotten” exposed Ghana’s dire prison conditions, prompting a public outcry calling for reforms. This call for reforms, together with the recommendations received by the Special Rapporteur on Torture, prompted Ghana to embark on an ambitious process of prison reform that is ongoing, with the aim to reduce overcrowding, improve conditions and better safeguards prisoners’ rights, including the right to be free from torture and ill-treatment. The Prisons Service Act 1972 expressly forbids the use of torture and cruelty to prisoners, reinforcing Ghana’s constitutional prohibition.

Investment and coordination

Some of the successful measures that Ghana has put in place include:

  • Delivering human rights training for prison staff. Ghana’s Prisons Service has developed training manuals for prison officials with assistance from the UN Development Programme, in an effort to sensitise officials to better respect prisoners’ rights.
  • The “Justice for All” programme, a system of in-prison court sittings, which managed to reduce the population of pre-trial prisoners from 30.6% in 2007 to 14.1% in 2018. The reduction was reinforced by a 2016 Supreme Court ruling that ordered that bail (release on conditions) be applicable to some additional offences.
  • The “Open Camp Prison” programme, an initiative to house low-risk prisoners in separate camps in order to decongest prison facilities. Prisoners can engage in agricultural work, allowing for their social reintegration upon completion of their prison sentences.
  • The Prison Connectivity Project is one of the interventions of the Ghana Investment Fund for Electronic Communications (GIFEC), which aims to extend Information and Communication Technology (ICT) to prisoners. Its purpose is to provide basic training in computer use as well as ICT to prisoners. The development of the programme for ICT training dovetails into the Ghanaian government’s current policy to extend formal classroom educational programmes to prisons.

Ghana continues to investigate and invest in the best ways to relieve pressures on its correctional services.

Promoting regional universality in Africa

Ghana, as a Core State of the CTI, appreciates the challenges across Africa to put in place systems and procedures to prevent and respond to torture and ill-treatment, yet sees great opportunities when these measures are guided by the UN Convention against Torture and related instruments. With almost all African countries now party to the Convention, there is great hope across the continent.

Ghana’s Ambassador to the Arab Republic of Egypt, H.E. Dr. Winfred Nii Okai Hammond, speaking at an African Commission event in April 2019, highlighted:

At CTI, we strongly believe that regional universality of UNCAT ratification in Africa will put all countries in a better position to minimise risks of torture and similar ill-treatment (2).

CTI support for States

For those States interested in how the CTI can support their efforts towards ratification and/or implementation of UNCAT, please contact info@cti2024.org. Other country experiences are available here.

* (1) Ghana ratified UNCAT on 7 September 2000. On 23 September 2016, Ghana ratified the Optional Protocol to UNCAT, which it had already signed in 2006. Ghana has been a party to the African Charter on Human and People’s Rights since 1 March 1989.

(2) H.E. Ambassador was speaking at a plenary discussion on “Supporting State action against torture and ill-treatment in Africa”, co-organised by CTI, during the 64th ordinary session of the African Commission on Human and Peoples’ Rights, held in Sharm El Sheikh, Egypt, on 27 April 2019.

Download the Ghana in Focus in PDF here.

The Gambia in Focus

The priority of the government is to put in place a new and resilient architecture to uphold the highest standards when it comes to human rights, justice and rule of law. The Gambia’s ratification of the UN Convention against Torture shows our commitment to protecting persons from the heinous crimes of torture and cruel, inhuman or degrading treatment or punishment.

It is with these words that the Hon. Abubacarr Tambadou, Attorney General and Minister of Justice of The Gambia, explained his Government’s decision to ratify the UN Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment (UNCAT) (1), at a CTI-facilitated seminar in Banjul in 2018 supporting the Government’s plans for immediate implementation. (2)

Abuses of the past not to be repeated

One of the priorities of the Gambian Government as it leads the country’s democratic transition is to turn the page on past excesses that had involved arbitrary arrests, detentions without trial, enforced disappearances, torture and other egregious abuses. Gambians want to be assured that these crimes will never be repeated.

That is why the Government launched the Truth, Reconciliation and Reparations Commission (TRRC), to deliver truth and justice to the victims and their families, as well as to learn the lessons from the past. It is also why the Government is working to align its constitutional, legal and institutional framework with international justice and human rights standards.

Building confidence in public institutions

The legacy of gross human rights violations calls for institutions, practices and mindsets to change. To this end, the Government has embarked on constitutional and legislative review processes, a comprehensive Security Sector Reform, and has been carrying out trainings for its law enforcement, prisons and security agencies on the prohibition and prevention of ill-treatment and on broader adherence to human rights norms. As part of its legislative reforms, the Government is discussing how best to domesticate the Convention’s provisions into national law.

A National Development Plan for 2018-2021 is further guiding Gambian institutions on “restoring good governance, respect for human rights, the rule of law, and empowering citizens through decentralization and local governance.”

Advancing the objective of regional universality in Africa

With only three States left to ratify UNCAT in Africa, The Gambia’s ratification constitutes a positive example and a step closer to regional universality.

During a CTI high level side event held in Geneva at the 40th session of the Human Rights Council (3), in February 2019, Ambassador Yusupha Alieu Kah, Permanent Representative of The Gambia to the UN in Geneva, called on the remaining African countries to join the Convention, and to implement it fully, reminding participants of “the need for a collective multilateral approach to ensuring respect for the rule of law”.

For those States interested in how the CTI can support their efforts towards ratification and/or implementation of UNCAT, please contact advicehub@cti2024.org. Other country experiences are available here.

(1) The Gambia signed UNCAT on 23 October 1985 and ratified on 28 September 2018.

(2) “Seminar on UNCAT: Dialogue and Cooperation on The Gambia’s post-ratification implementation of UNCAT”, 16-17 October 2018.

(3) “Ratifying UNCAT: What benefits for new States parties?”, 25 February 2019.

The Bahamas in Focus

The Bahamas’ Minister of Legal Affairs, Hon. Elsworth Johnson, explained why the Bahamas decided to ratify the UN Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment (UNCAT) during a CTI regional event in the Caribbean in June 2018:

At its lowest common denominator, the Convention defends and protects the dignity of the human person and does not take cognisance of race, religion, origin or sex. For the Bahamas, this is the key reason we ratified, because it makes the Bahamas a better place for everyone.

The Bahamas ratified UNCAT on 31 May 2018, making it the seventh Caribbean State to do so.

Supporting the fair administration of justice

Rather than considering the ratification of UNCAT as a burden of obligations, the Government of the Bahamas took on the Convention as a roadmap to achieve its objective of fully adhering to the rule of law. By stating that it will embrace cooperation with the international system and the oversight that involves, the Bahamas is stepping up its commitment to a fairer and more just society.

Consolidating the national legal framework

Prior to ratification, the Bahamas already had a strong constitutional and legislative framework and traditions against such harms, albeit still with some gaps. Their Constitution explicitly prohibits torture and ill-treatment, and also provides victims with the right to seek redress. In addition, the Bahamas’ Evidence Act forbids the use of confessions or evidence obtained through torture or ill-treatment, while the Extradition Act protects against refoulement in certain cases. Although Bahamian law does not yet generally criminalize acts of torture, the Penal Code does include the crime of torture as well as cruelty committed by prison officers.

With this legislative review in hand, the Government concluded that the majority of their laws were compliant with UNCAT, and that the Convention would provide an opportunity to undertake further worthwhile reforms post-ratification. Amendments are currently being considered to several texts, including the Penal Code, the Criminal Procedure Code, police legislation and correctional services legislation.

A call for universal ratification in the Caribbean

At the 40th session of the UN Human Rights Council in February 2019, the Bahamas’ Minister of Social Services and Urban Development, Hon. Frankie A. Campbell, and former senior ranking police officer, encouraged other Caribbean countries to join UNCAT soon:

I would like to reiterate that [despite the challenges,] there is no impediment to ratification. And, if more States in our region do so, this will be a powerful gesture from our own region to the rest of the world about our commitment to human rights and human dignity.

He thanked the CTI for “its contribution to assisting us with successfully plotting the way toward ratification.”

For those States interested in how the CTI can support their efforts towards ratification and/or implementation of UNCAT, please contact advicehub@cti2024.org. Other country experiences are available here.

Fiji in Focus

Fiji is one of the newest States parties to the United Nations Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment (UNCAT). * (1) At the CTI’s regional event for Pacific States on ratification and implementation of UNCAT, held in Fiji in October 2016, Fiji’s Prime Minister, Mr. Josaia Voreqe Bainimarama, explained the country’s decision to ratify the Convention:

We do not tolerate human rights abuses of any kind. They are legally and morally unacceptable. And we are determined to bring the perpetrators of such abuses to justice.

Acknowledging past cultural practices that promoted violence, as well as abuses during times of unrest, the Prime Minister emphasised that “Whatever may have occurred in the past, we have drawn a line under such behaviour.”

Fiji’s positive constitutional framework

Like many other Pacific countries, Fiji has a robust constitutional framework that prohibits torture and cruel and degrading treatment and protects the rights of arrested and detained persons. Fiji’s Constitution also provides that international law is among the sources of interpretation of the constitutional Bill of Rights, which has helpfully supported Fiji’s implementation of the UN Convention.

Fiji takes action towards implementation

Fiji sees UNCAT as a mechanism to support domestic reforms. Through a process of education and deterrence, Fiji has taken concrete action to implement the Convention. With the support of the United Kingdom, UNDP and the APT, Fiji has been able to review the safeguards available to suspects held in police custody and in turn, will trial the digital recording of police interviews under caution. In other countries, digital recording has had the dual effects of preventing abuse of suspects, and at the same time, protecting police against false allegations of torture. It is also an easy way to preserve the evidence of oral testimony. It is one of a number of important safeguards that help prevent incidents of torture. Fiji has further opened investigations into a number of cases of abuse.

“States parties in focus” is a series of CTI blogs, prepared by the CTI Secretariat, with a view to sharing inspiration and experiences with other States that are considering ratifying the UN Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment (UNCAT) and/or its Optional Protocol (OPCAT).

Fiji’s Attorney-General, Mr. Aiyaz Sayed-Khaiyum, has noted the positive benefits of ratification, such as opening up avenues for national discussions on the possibility of reviewing police and corrections services manuals and upgrading prison facilities; as well as the possibility of receiving assistance from and engaging in bilateral and multilateral cooperation with various State parties to UNCAT and organisations such as the APT and CTI.

Fostering regional goodwill

For Fiji’s Prime Minister, regional ratification would “send (…) a powerful signal from the region to the rest of the world about the commitment to human rights and human dignity”. He offered his country’s assistance to Fiji’s neighbours with their own ratification processes. For the CTI and our partners, Fiji stands as a positive example of ratification followed by early action to implement the Convention.

In acknowledging also the ratifications of Nauru and Vanuatu, the CTI is looking forward to supporting other Pacific States to ratify the Convention. For States interested in the support of CTI, please contact info@cti2024.org. CTI Secretariat April 2017.

* (1) Fiji ratified UNCAT in March 2016. Fiji entered some reservations to UNCAT upon ratification, although the country is working towards their removal.

Download the Fiji in Focus in PDF here.

Chile in Focus

For Chile, the UN Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment (UNCAT) has supported the country’s transition to democracy during the 1980s and 1990s. * (1) Being party to this Convention has reminded current and future leaders in Chile that such practices are unacceptable and have no place in society. Pragmatically, it has helped restructure Chile’s legal and institutional frameworks to ensure that past experiences are never repeated, while also improving standards and practices in law enforcement, prisons and security sectors.

At Chile’s review of their 6th periodic report by the UN Committee against Torture, in July 2018, Human Rights Undersecretary at the Ministry of Justice and Human Rights of Chile, H.E. Lorena Recabarren, head of the delegation, stated that:

30 years since ratification of UNCAT and our democratic transition, never again will there be hatred and violence in Chile, and acts of torture will not go unpunished.

Embracing a culture of human rights

UNCAT can be a catalyst in responding to a State’s legacies of past excesses. As emphasised by former Chilean President H.E. Michelle Bachelet, current UN High Commissioner of Human Rights, at the opening of CTI’s Regional event for Latin American and Caribbean States, in April 2017:

Because not so long ago we lived a cruel reality, we cannot therefore close our eyes to the eventual commission of the crime of torture. The allegations of torture in a democracy, regardless of who is affected, force us to prevent, investigate and, in addition, to condemn these acts.

Chile has addressed past abuses through the creation of the National Commission on Truth and Reconciliation and the National Commission on Political Imprisonment and Torture (Valech Commission), which identified almost 30,000 survivors of political imprisonment and torture. Chile has also provided victims of human rights violations and their relatives with redress, including compensatory pensions and free medical care under the so-called “PRAIS” programme to those qualified as victims by the Valech Commission.

In 2017, Chile adopted its first National Human Rights Action Plan for the period 2018-2021, which envisages the creation of a “Permanent Qualifying Commission” to continue investigations into political executions, enforced disappearances and torture committed during the military dictatorship.

These and other measures have signaled – to decision-makers and the public alike – an important domestic cultural shift away from institutionalised violence to one of respect for human rights.

Chile’s anti-torture framework

In implementing UNCAT, Chile has progressively built a solid anti-torture policy and legislative framework. Torture and ill-treatment are criminalised in Chile’s penal code, and torture prevention and reduction have been priorities of Chile’s nationwide human rights policy. Chile has also created Human Rights Units within several State institutions. Ethical codes of standards have been adopted.

In 2008, Chile ratified the Optional Protocol to the Convention (OPCAT). In April 2016, they welcomed a visit from the UN Subcommittee on Prevention of Torture, which has supported Chile’s stocktaking and reform of some of its detention practices. Chile recently adopted the law designating the National Institute of Human Rights as its National Preventive Mechanism.

Encouraging other States to ratify and implement UNCAT

As a Core State of the CTI, Chile’s Ambassador and Permanent Representative to the United Nations in Geneva, H.E. Juan Eduardo Eguiguren, offered support to other Latin American and Caribbean States:

Chile is a proud member of the Convention against Torture Initiative. We would be pleased to share our experiences within our region as well as to learn from others, and we would encourage all States to take the important step to ratify the Convention. The Convention truly can help reset national practices and mindsets and lead to a more peaceful and prosperous society.

For those States interested in how the CTI can support for ratification and implementation of the Convention, please contact advicehub@cti2024.org.

* (1) Chile ratified UNCAT on 30 September 1988. Chile is also party to the Inter-American Convention to Prevent and Punish Torture since 15 September 1988.

Download the Chile in Focus in PDF here.