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Scoop
3 days ago
- Politics
- Scoop
Kyrgyzstan: Independent Torture Prevention Watchdog Should Not Be Replaced, UN Experts Warn
GENEVA/ BISHKEK (30 June 2025) - The UN Subcommittee on Prevention of Torture (SPT) is dismayed at Kyrgyzstan's decision to abolish its independent torture prevention monitoring body, the National Centre for the Prevention of Torture (NCPT), without public consultation or transparency. The Kyrgyz Parliament has renewed its decision to abolish the National Centre for the Prevention of Torture, the country's independent torture prevention body, and transfer its mandate to the Ombuds Institution under the new Constitutional Law 'On Akyikatchy (the Ombudsperson) of the Kyrgyz Republic'. Despite prior assurances that the authorities would engage in consultation with the SPT during the High-Level Talks, which took place last week, the legislature proceeded in an unprecedented manner to adopt the law through a combined second and third reading on 25 June, without such consultation. 'The NCPT is a well-established Kyrgyz national preventive mechanism (NPM), created over a decade ago in accordance with the Optional Protocol to the Convention against Torture (OPCAT), following four years of extensive and inclusive national consultations with the executive, administrative and legislative branches as well as other stakeholders in the Kyrgyz Republic,' said Maria Luísa Romero, the SPT Chairperson. 'Dismantling this independent torture prevention institution and transferring the NPM mandate to the Ombuds Institution, which still falls short of meeting the Paris Principles, and doing so without any clear provision for how the Ombuds Institution will carry out this mandate, is a serious setback,' she stated, adding that 'Most concerningly, this is now happening through a completely opaque process, with no public consultation, no engagement with stakeholders, and not even the text of the amendments made publicly available. This is plainly incompatible with the requirements of the OPCAT.' The NCPT was established in 2012 through national legislation to implement the obligations the Kyrgyz Republic undertook when it became a State Party to the OPCAT in 2008 and has since been working as its national preventive mechanism. 'Notably, it is not only the SPT that recognizes the importance of the NCPT, including its work in preventing torture and ill-treatment, its contribution to human rights in the Kyrgyz Republic, and its influence across the region. The UN High Commissioner for Human Rights visited the Kyrgyz Republic in March 2025 and emphasized that 'the National Centre for the Prevention of Torture is a model for the Central Asia region, as the only independent national human rights institution that meets international standards,'' she recalled. 'We urge all Kyrgyz authorities to halt this course of action and to engage with the SPT on constructive ways to support and strengthen the NCPT's work for the benefit of all people in Kyrgyzstan,' she said. The SPT's delegation for the High-Level Talks, was composed of Elina Steinerte (Head of Delegation and Vice-Chair for National Preventive Mechanisms) and Nika Kvaratskhelia (Country Rapporteur for Kyrgyzstan). They visited Bishkek from 25 to 27 June.
Scoop
5 days ago
- Politics
- Scoop
Peru: UN Experts Raise Concern Over Juvenile Detention In Adult Prisons
GENEVA (26 June 2025) – UN torture prevention experts, at the close of a week-long visit to Peru, have expressed concern over severe prison overcrowding, the widespread use of pretrial detention, and a new law treating 16- and 17-year-olds as adults in the penal system. The visit, carried out from 15 to 21 June, marked the Subcommittee on the Prevention of Torture (SPT)'s return to Peru more than a decade after its first mission in 2013. During their stay, the experts visited a range of detention and other facilities and held meetings with Government authorities, civil society actors, and the country's independent monitoring body, the National Preventive Mechanism (NPM). 'We are grateful for the collaboration provided by the authorities before and during the visit,' said Marie Brasholt, head of the SPT delegation. 'Unfortunately, we observed a punitive focus, which includes lengthy sentences and the extensive use of preventive detention, despite the grave overcrowding in Peru's penitentiary system. After all, building more or mega prisons is not the solution for overcrowding, or to public security in general.' During the mission, the SPT delegation visited men and women's prisons, juvenile detention centres, police stations, judicial holding cells, and a religious educational institution. The experts conducted confidential interviews with detainees and personnel. In addition, the Subcommittee visited a detention center together with the NPM. 'We also want to express our special concern regarding the new law that incorporates adolescents ages 16 and 17 as punishable in the adult penal system, which, again, demonstrates a punitive focus in the administration of justice,' said Brasholt. 'The delegation welcomes the creation and functioning of the NPM, which conducts important work. However, it is essential that the mechanism be strengthened to ensure that it has the necessary resources to effectively carry out its functions throughout the entire territory of Peru, in accordance with the Optional Protocol to the Convention against Torture (OPCAT),' she added. The SPT will share its report, including findings and recommendations, with Peru in due course. As always, the delegation urges the State to publish the visit report in order to enhance its obligations. The SPT considers that its reports provide useful guidance to all those engaged, directly or indirectly, in finding practical solutions. Additionally, the Subcommittee will prepare a separate and confidential report to share with the NPM. Peru ratified the OPCAT in 2006 and established its NPM by law in 2015. The delegation was composed of the following members: Marie Brasholt, head of the delegation (Denmark), Barbara Bernath (Switzerland), Luciano Mariz Maia (Brazil), and Maria Luisa Romero (Panama), together with two members of the Secretariat of the SPT and two UN security officials.
The Journal
19-06-2025
- Politics
- The Journal
Minister criticised after recent deportation flight took off without human rights monitor on board
A GOVERNMENT CHARTER flight that flew to Nigeria earlier this month has been criticised after it emerged that no independent human rights observer was on board the flight. Social Democrats TD Gary Gannon accused the government of 'skipping independent scrutiny' in favour of 'theatre' by allowing the flight to make its journey without a monitor on board. These independent human rights observers were on board the government's two previous charter flights, which saw a combined 71 people deported to Georgia. This was followed by a special charter flight this month where some 35 people, including five children, were deported from Ireland to Nigeria. The flight was heavily criticised afterwards by a Dublin school and by a Clondalkin community group as each had members of their community on board. In response to a Parliamentary Question from Gannon about the makeup of the professional personnel involved in the flight, Justice Minister Jim O'Callaghan disclosed that 'due to technical reasons outside the control' of the Department of Justice, the human rights observer was not able to accompany the flight to Lagos. O'Callaghan defended himself from criticism of the flights, telling Gannon that planning and consideration had been given to 'ensure the safety and wellbeing' of the people being removed from Ireland to Nigeria. Role of human rights observers The role of the independent human rights observer is to monitor the use of force and restraints for deportees on the flight. Such observers are currently not mandatory for charter deportation flights in Ireland. However, there are requirements to have such monitors so as to ensure fundamental rights are upheld during forced returns of people. These requirements feature in the Optional Protocol to the UN Convention against Torture (OPCAT) but Ireland remains the only EU member state yet to ratify the protocol , despite having signed it in 2007. It is included in the current Programme for Government . They had been present at Dublin Airport before the flight took off and later received a debrief from gardaí who were on board the plane, according to O'Callaghan. In addition to Garda personnel, the returnees on the flights were accompanied by a doctor and an advanced paramedic. The flights are carried out by the Garda National Immigration Bureau. Advertisement In his response to Gannon, seen by The Journal , O'Callaghan said the independent observer was briefed by gardaí afterwards. 'For the charter flight to Nigeria the observer was present in Dublin Airport to monitor the operation prior to departure of the charter flight on 4 June 2025 and meet with returnees including the families concerned,' O'Callaghan said. 'However, due to technical reasons outside the control of my Department, the observer was not able to accompany the flight to Lagos. The observer has been debriefed by a nominated Garda escort on the operation of the flight.' Gannon had asked about the number of professionals present on board, including medical staff, child protection professionals and psychological support personnel. The Dublin Central TD told The Journal that the minister needed to clarify whether he believes a human rights observer is 'essential' for the flights. If so, then O'Callaghan needed to outline 'why did he let the Nigeria flight go ahead' without an observer. He repeated a criticism of the minister's use of the flights as a form of PR and a submission to anti-migrant demonstrations seen over recent years. 'Having the Gardaí who carried out the deportation 'debrief' the observer afterwards isn't oversight, it's theatre,' Gannon said. 'This flight involved children. The State has a legal and moral duty to safeguard their rights at every stage, not just when it's convenient. Skipping independent scrutiny when children are being forcibly removed strips away any pretence of a rights-based approach. What we're seeing is a government more committed to appearing tough than doing things properly. Gannon added that the deportation flights will 'go down as a shameful episode' in the life of the current government. 'It may play well in certain corners of the political world, but anyone with a shred of decency can see how wrong this was,' Gannon claimed. The Fianna Fáil minister said he accepted that deportations were 'challenging' for the people involved. He added that they had received legal orders to leave the State and that the flights were required to ensuring that Ireland's immigration system is 'robust and rules based'. He noted that any person who has been ordered to leave the State is committing a criminal offence and 'can be arrested without warrant if they come into contact with An Garda Síochána'. The 2,113 deportation orders signed this year are nearing last year's total of 2,403 orders. Readers like you are keeping these stories free for everyone... A mix of advertising and supporting contributions helps keep paywalls away from valuable information like this article. Over 5,000 readers like you have already stepped up and support us with a monthly payment or a once-off donation. Learn More Support The Journal
Scoop
13-06-2025
- Politics
- Scoop
UN Torture Prevention Body To Visit Serbia
Geneva,10 June 2025 - The UN Subcommittee on Prevention of Torture (SPT) will conduct its first visit to Serbia from 15 to 21 June to assess the measures taken by the country to protect people deprived of liberty from torture and ill-treatment. During the mission, the SPT delegation will visit prisons, police stations and other places where people are or may be deprived of their liberty. The delegation will meet with government officials, the Protector of Citizens (Ombudsman), representatives of civil society, and UN agencies. The delegation will also hold meetings and conduct joint visits with the national monitoring body, officially known as the National Preventive Mechanism (NPM). 'We will be there to see, to listen, and to examine the conditions in which prisoners, detainees, and all others deprived of their liberty are held. Our visit will focus on how safeguards against torture and ill-treatment are being implemented in practice, and how these protections can be further strengthened,' said Massimiliano Bagaglini, who is heading the SPT delegation. 'A comprehensive national torture prevention system requires regular visits by an independent and well-resourced national detention monitoring body, and we will therefore also be looking at the functioning of the NPM in Serbia,' he added. The SPT is mandated to visit all States Parties to the Optional Protocol to the Convention against Torture (OPCAT), which Serbia ratified in 2006. At the end of the visit, the SPT will present its confidential preliminary observations to the Government of Serbia. The SPT delegation will be composed of the following members of the Subcommittee: Massimiliano Bagaglini, Head of Delegation (Italy), Vasiliki Artinopoulou (Greece), Kalliopi Kambanella (Cyprus), Nika Kvaratskhelia (Georgia) as well as two Human Rights Officers from the SPT Secretariat.
Scoop
07-06-2025
- Politics
- Scoop
UN Torture Prevention Body To Visit Peru As Field Missions Resume
GENEVA (5 June 2025) –The UN Subcommittee on Prevention of Torture (SPT) is set to undertake its first two visits of this year, to Peru and Serbia, from 15 to 21 June 2025. These visits mark the resumption of SPT's important in-country work, following the postponement of four missions earlier this year. The initial postponement of SPT visits was due to budget constraints related to the UN liquidity situation. The upcoming visit to Peru will be the second mission to the country, following one that took place in 2013. The Subcommittee delegation will visit various places of deprivation of liberty to evaluate the treatment of people held therein and the measures taken to protect them from torture and ill-treatment. 'In addition to visiting centres of deprivation of liberty across the country and interviewing people within the facilities and personnel who work there, we will pay special attention to how the authorities have implemented our recommendations from 2013. We will also use this opportunity to engage and collaborate with the National Preventive Mechanism (NPM),' said Marie Brasholt, head of the delegation. 'A comprehensive national system for the prevention of torture requires an independent and impartial NPM in charge of monitoring places through regular visits, and it must have adequate resources,' she added. Peru ratified the Optional Protocol to the Convention Against Torture (OPCAT) in 2006 and its NPM, established by law in 2015, is housed within the Ombudsman´s Office (Defensoría del Pueblo). Under its mandate, the SPT can conduct visits to State parties and carry out visits without prior notice to any places where people are or may be deprived of liberty. To follow up on its prior recommendations and appraise the progress made by the Peruvian authorities towards preventing torture through legislative, administrative, and other measures, the SPT delegation will hold meetings with government authorities, civil society, UN agencies, and the NPM, with whom it will also conduct a joint visit. Following the visit, the delegation will send a report to the State party, which will remain confidential unless and until the Peruvian authorities decide to make it public, as was the case with the first report. The SPT delegation will be composed of the following members: Marie Brasholt, head of the delegation (Denmark), Barbara Bernath (Switzerland), Luciano Mariz Maia (Brazil), and Maria Luisa Romero (Panama), along with two members of the Secretariat. The SPT had originally planned to visit, in 2025, not only Serbia and Peru, but also Burundi, Mexico, Mozambique, New Zealand, France, and Afghanistan. The SPT views the resumption of its visits, despite the ongoing financial constraints, as essential to fulfilling its preventive mandate and to assessing conditions in places of deprivation of liberty, where independent oversight is most urgently needed. Background: The Subcommittee on Prevention of Torture monitors States parties' adherence to the Optional Protocol to the Convention against Torture, which to date has been ratified by 94 countries. The Subcommittee is made up of 25 members who are independent human rights experts drawn from around the world, who serve in their personal capacity and not as representatives of States parties. The Subcommittee has a mandate to visit States that have ratified the Optional Protocol to the Convention against Torture, during the course of which it may visit any place where persons may be deprived of their liberty and assist those States in preventing torture and ill-treatment. The Subcommittee communicates its observations and recommendations to States through confidential reports, which it encourages countries to make public.
