UN Committee Against Torture Publishes Findings On Côte D’Ivoire, Ecuador, The Republic Of Korea, And Türkiye

GENEVA (26 July) - The Committee against Torture (CAT) today issued its findings on Ecuador, the Republic of Korea, Côte d’Ivoire and Türkiye, after reviewing the four State parties in its latest session.

The findings entail the Committee’s main concerns and recommendations on each country’s implementation of the Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment. Key highlights include:

Côte d’Ivoire

The Committee raised concern about reports of extreme prison overcrowding and poor material conditions of detention in many places of deprivation of liberty. It was also concerned about the limited access to quality health care, including mental health care, and the lack of trained and qualified prison staff, such as medical personnel, in the penitentiary system. The Committee recommended that the State party decongest prisons by using alternatives to detention, continue to improve detention conditions and guarantee that the basic needs of people deprived of their liberty are met.

The Committee also expressed its deep concern at the lack of accountability for acts of torture and ill-treatment attributable to State agents, as reflected in the limited number of reported disciplinary measures and criminal prosecutions. It recommended that the State party take the necessary measures to ensure that all allegations of torture or ill-treatment are promptly, effectively and impartially investigated by an independent body, that suspects, including those in positions of command, are duly brought to justice and, if found guilty, sentenced to penalties commensurate with the gravity of their acts, and that victims receive adequate reparation.

Ecuador

The Committee was concerned about serious shortcomings in Ecuador’s prison system, in terms of treatment of people deprived of their liberty and management of prisons. It was particularly alarmed by reports describing situations of self-government and extortion, lack of prison and security staff, corruption, the entry of firearms and drugs, as well as frequent riots and other violent incidents resulting in numerous deaths. The Committee was further concerned about Ecuador’s subsequent state of emergency declarations responding to the prison crisis since 2019 and its mobilisation of the armed forces to maintain prison security in January 2024. The Committee, therefore, urged Ecuador to redouble its efforts to implement a comprehensive plan to address the prison crisis and its systemic causes with a human rights approach, prioritising rehabilitation policies, re-education and social reintegration, the demilitarisation of prisons and the prevention of violence. It further asked Ecuador to ensure that all cases of violence and death in custody are investigated by an independent body.

While noting Ecuador’s steps to reform the Organic Law Regulating the Voluntary Interruption of Pregnancy to allow for abortion in case of rape, the Committee expressed concern about the criminalisation of abortion on grounds other than rape or threat to the life of a woman. It warned that the limited application of the law forces women and girls to resort to clandestine abortions and exposes them and medical professionals to criminal sanctions. The Committee called on the State party to revise its legislation to decriminalise abortion and to include other legal exceptions to the prohibition. Furthermore, it requested that Ecuador guarantee access to safe abortions for rape victims and ensure medical care and counselling after abortion, regardless of its nature.

The Republic of Korea

The Committee was concerned about the reported increase in cases of violence in the military, including sexual and gender-based violence, which has resulted in deaths, including suicides. Another concern for the Committee was the criminalisation of consensual sexual relations between same-sex adults, and the related punishment provided for in the Military Criminal Act, which may give rise to violations of the Convention. The Committee urged the State Party to continue its efforts to prevent and eliminate sexual and gender-based violence and tackle deaths in the military. The State party should also ensure allegations of torture and ill-treatment and all cases of death in the military are thoroughly investigated by an independent mechanism, bring those responsible to justice, and provide redress to victims.

The Committee expressed concern that the right to seek legal counsel for people deprived of their liberty may be limited based on grounds that are not clearly defined, leaving excessively broad discretion to the prosecution and police to exclude such counsel. The Committee recommended that the State party ensure that people deprived of their liberty are provided with all fundamental legal safeguards from the very outset of their detention, in particular the rights to be assisted by counsel without delay.

Türkiye

The Committee was concerned by allegations that torture and ill-treatment continued to occur in Türkiye, including beatings and sexual assault by law enforcement officers. It recommended that all allegations of torture and ill-treatment be promptly, impartially and effectively investigated, and that those found guilty be punished commensurately with the gravity of their crimes. It also raised concerns over the deterioration in the independence of judges and lawyers since the failed coup attempt in 2016, including the mass dismissal of judges and prosecutors, the closure of bar associations, the erosion of the independence of the Council of Judges and Prosecutors, and the potential impacts affecting the investigation and prosecution of torture and ill-treatment. The Committee recommended that Türkiye ensure the full independence, impartiality, and effectiveness of the judiciary, and refrain from interference in the self-governance of professional lawyers’ associations.

The Committee was alarmed by the regime of aggravated life imprisonment in Türkiye, noting that many prisoners subject to this regime were kept isolated in cells for over 22 hours per day in de facto solitary confinement, and that some had no prospect of release. The Committee was particularly concerned about the situation of prisoners Abdullah Öcalan, Hamili Yıldırım, Ömer Hayri Konar and Veysi Aktaş, currently held in İmralı Prison, who have been unable to contact their families or lawyers since March 2021. The Committee recommended that the State party consider abolishing the penalty of aggravated life imprisonment and immediately facilitate contact between prisoners held in İmralı Prison and their families and legal representatives.

© Scoop Media