The UN Committee against Torture issued findings on New Zealand, Romania, Spain and Switzerland on Friday in its latest session. The overarching “theme” of the session was the Vienna Declaration and Programme of Action, which was used as a benchmark (as well as previous state reports) to identify if the four member states incorporated this into their criminal legal system and detention centres. The Vienna Declaration outlines the need for human rights to be indivisible and fully incorporated into member states’ policy – this includes tackling terrorism, xenophobia, poverty and upholding the right to seek asylum.

In New Zealand, the committee found that through its dualist legal system, it has incorporated and given effect to the Convention through policies and legislation. However, the committee is not convinced that the state has incorporated the convention in all aspects. For example, New Zealand still uses spit hoods and needs to take more responsibility for the regular training of detention officers and ensure they thoroughly understand the legal safeguards – penalties should be introduced for failure to comply. Similar measures are needed regarding counter-terrorism measures, and the state must ensure that effective legal safeguards are in place and understood. The committee recommended prompt investigations into allegations of torture and human rights violations. The committee urged the state to amend incompatible legislation and ensure consistency in its measures and punishments.

The committee found that Switzerland needs to provide evidence that it implemented the previous recommendations on police violence, prison conditions and asylum-seeking-minors. There is a longstanding concern that the definition of torture has not been integrated into domestic legislation – making it harder for the “prevention of torture” section of the Convention to be integrated properly. A major area of concern was the issue of human trafficking in Switzerland, while the committee understood the efforts made to eliminate trafficking more needs to be done to prosecute perpetrators and rehabilitate the victims. The committee urged greater judicial awareness and nationwide campaigns to identify victims. Other concerning issues mentioned include asylum centres and the treatment of intersex people.

Like other states, the committee found that Spain also needs to define torture in legislation and be actively investigating torture and ill-treatment. All officials that are responsible for the mistreatment should be excluded and prosecuted immediately so that the investigation is not delayed. The main observation the committee found was the migrant tragedy in Melilla in June 2022, where migrants crossed the border between Spain and Morocco where more than 30 people died and 70 went missing. The committee urges Spain to thoroughly and impartially investigate the tragedy to avoid a similar event in the future.

Lastly, the committee found that Romania needs to impartially investigate the physical abuse prisoners face. If there has been a failure to record injuries or seek adequate medical treatment, the use of batons needs to be fully prohibited as this falls under “cruel and unusual punishment.” As mass migration routes often go through Romania, the committee urged the state to not engage in pushbacks and refoulement. Instead, it must comply with Article 3 of the Convention allowing all stateless persons or asylum seekers to receive a fair and impartial review of exclusion practices. Furthermore, detaining children should be prohibited and training should be given to law enforcement, judges and everyone who is involved in the asylum process.

Despite the variety of issues that the committee highlighted, it is satisfied with the progress made by the four states since the last report was released. The committee noted the new changes made by the states have been somewhat successful in incorporating the Convention into domestic legislation. However, more progress still needs to happen and will be next evaluated in the upcoming years.