asked the Minister for Foreign Affairs when the United Nation's Charter on torture, which has been under discussion since 1978 and which would make torture a crime under international law, is likely to be signed and ratified; if he supports a proposal repeatedly made by Sweden that an investigating committee should be allowed to visit countries where torture is alleged to be practised; and if he will make a statement on the matter.
Ceisteanna—Questions. Oral Answers. - UN Charter on Torture.
7.
The draft convention against torture and other cruel inhuman or degrading treatment or punishment is still in the course of preparation within the UN framework. At this stage it is not possible to say with certainty when it will be adopted by the United Nations and thereby become open for signature and ratification. However, considerable progress on the drafting of the convention was made at the last session of the UN Commission on Human Rights and it is my hope that this important international legal instrument will be adopted during the next session of the United Nations General Assembly which opens in September. As soon as the draft convention is adopted and is open for signature and ratification, it is my intention to bring the matter to Government for decision at the earliest available opportunity.
One of the provisions of the draft convention is the establishment of a committee to oversee the implementation of the convention when adopted. However, while the principle of establishing this committee has been agreed, there is no agreement to date on the nature of the committee's functions.
Most delegations involved in formulating the draft convention, including Ireland, are strongly in favour of the committee having a mandatory rather than an optional inquiry system. Part of this system would include the possibility of the committee visiting the territory of a state party to the convention if the committee receive information that torture is systematically practised in that state.
Will the Minister clarify for the House the extent of the interpretation of the word "torture" as included in the documentation before the UN? For example, is the forceable locking of a person into a psychiatric home stating that that person is suffering from a mental disorder because he or she does not agree with the social or political system of the country included in the interpretation of "torture"?
It is not just torture we are talking about but cruel, inhuman and degrading treatment or punishment.
If a dissident should be put into a psychiatric home in some Eastern country would that be considered as "torture"?
I cannot give an interpretation of a document which has not been drafted. All I can tell the Deputy is that the discussions include not just torture in that strict sense but cruel, inhuman and degrading treatment. While I am not anticipating in any way what the final draft will be it would seem to me that it may be possible that the type of activity referred to by the Deputy will be covered.
Is there any indication from member states as to their acceptance of this or of their general willingness to adopt it?
It would appear at this stage that there is quite a good chance that this charter will be adopted. It will then be a question of the different states becoming a party to it. While it may be adopted there will be a need to have ratification of it by the member states.
Will it end up like the Helsinki agreement? That would be a worry I would have about it.
Sin ceist eile.