The UN Committee Against Torture address Icelands´s third report on the implementation of the Convention Against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment.
Last Friday, May 8th, the delegation from Iceland came before the United Nations Committee Against Torture to address Iceland´s third report on the implementation of the Convention Against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment
The Icelandic Human Rights Centre delivered an additional report to the Committee and had a meeting with it´s experts May 7th. The Centre addressed several provisions of the Convention but emphasised the necessity that the authorities put the definition of torture into the Penal Law, and mention especially the punishment for such a serious crime. Attention was drawn to the positive development in foreign policy and its shortcomings as well. The Centre emphasised especially the neccesity of revising and abolishing provisions that mention exceptions from the ban of sending people that are considered a serious threat to public policy, back to countries where they are in danger of being subjected to serious human rights violations. The provision contravenes the European Convention of Human Rights which has been incorporated into Icelandic law and the Grand Chamber of the European Court of Human Rights recently reaffirmed in the case Saadi vs. Italy, that it is not justifiable under any circumstances, even in cases of terrorism threats or threat to public policy, to send people back to countries where they are at risk of being subjected to serious human rights violations. Bannig torture is a mandatory rule which implies total ban of sending people back to countries where they could be subjected to torture or other inhuman treatment. The Court reaffirmed that the beahviour of the respective person, no matter how dangerous or undesirable it is, does not matter in this regard. The Icelandic Human Rights Centre also voiced it´s concern that only two individuals had been granted a refugee status since 1984 and that the legislation about granting residence permit for humanitarian reasons is unclear.
The Centre emphasised especially the necessity of constituting a special surveillance authority to monitor the conditions of prisoners and others who are in detention and that Iceland ratify soon the first annex to the Convention Against Torture to monitor the prisoners´conditions and others in detention that provides for special surveillance. The Centre brough attention to the limited legislation regarding compulsion. The Centre also urged that a provsion be made for to ensure adequate and regular training to peacekeepers and other personnel, in human rights and humanitarian law, and that a special ban of torture be put into the law enforcements working procedure. The Centre drew attention to the recommendations from the Convention on the Elimination of All Forms of Racial Discrimination and the lack of tolerence which encouraged the authorities to increase awareness within the members of the border control regarding refugee rights. The Centre also drew attention to the fact that in the Icelandic legislation, no provisions provide victims of trafficking victim- and witness protection, and feels that more should be done to reduce domestic violence and sexual violence against women.
The Committee of experts requested, while reviewing the Icelandic report and the report from the Icelandic Human Rights Centre, further information on several issues. The Committee welcomed changes in the legislation, for example the Application of Punishments Act, No. 49/2005, including its two regulations on the application of punishment and the training of prison warders; changes in law concerning the enforcement of a sentence and The provisions of the Penal Code, article 227 (a), that provide a framework for punishment for trafficking in human beings, the signing of the Council of Europe Convention on Action against Trafficking in Human Beings, and more. The Committee reiterates its previous recommendation, namely that the definition of torture according to article 1 of the Convention be introduced into Icelandic criminal legislation in order to ensure that all elements of torture are included, and that torture be defined as a specific offence in domestic laws. The Committee noted that the State party should enhance the capacity of the office of the Parliamentary Ombudsman through appropriate human and financial resources to allow it to undertake monitoring of places of detention, prisons and psychiatric facilities, and establish an independent monitoring and inspection system for such facilities. The State party should also consider the possibility of establishing a national human rights institution in accordance with the Paris Principles. The Committee reiterated that the ban to send people back to countries where they are at risk of being torture is an imperative rule and exceptions with reference to national security does not reconcile with the Convention against torture. In relation to the possibility of the law inforcements use of so called taser, the Committee reiterated that it found the operation of such weapons undesirable. The Committee also reiterated that the State should bring its domestic criminal legislation into line with the provisions of article 15 of the Convention so as to exclude explicitly any evidence obtained as a result of torture. The Committee requested information regarding measures taken regarding violence against women and penalties, for example regarding short sentences in cases of sexual violations. The Committee addressed proceedings of asylum applications, humanitarian asylum, few refugees in Iceland and appeals to higher authority, training peacekeepers in human rights and humanitarian law, definition og terrorism in Icelandic law, rendition flights, solitary confinement, juveniles, prisoner violence, living conditions in Icelandic prisons and much more. The Committee welcomed the periodic report and the comprehensive responses provided to the list of issues and appreciates the fruitful and constructive dialogue with the State party’s delegation.
The Committees concluding observations regarding Icelands third periodic report of the Convention Against Torture and Other Cruel, Inhuman and Other Degrading Treatment or Punishment is hér.
The Icelandic Human Rights Centres additional report is hér.
The authorities report is hér.
European Week Against Racism 
The Human Rights Education Project