Joint submission for the FREMP-COHOM joint session: Civil Society Recommendations for a coherent EU approach to combat torture

EU shoulddefine a more comprehensive internal human rights strategy that mirrors itsexternal strategic framework and devise a corresponding action plan to guidecollective EU action.

Theundersigned organisations would like to raise the importance of streaming thefight against torture across all EU policies both internally and externally.

Torture isa paradigmatic example on why such a strategy is crucial at this stage. Whileit is true that most competencies remain with Member States, it is essential thatthe EU consolidates its leading role in the fight against torture also withinits borders:

· Statistics show that ¼ of migrantshave been subjected to torture worldwide. This proportion increases in conflictzones. However, the EU is not an exception: international bodies such as the CPT have raisedtheir concern about the conditions of administrative detention of migrantpopulation, includingunaccompanied minors, in various EU countries.

· The EU has established a firmcompromise to promote the ratification of the Optional Protocol to theConvention Against Torture (OPCAT) by third countries. However, 4 EU MemberStates are still to ratify it: Latvia (current Presidency of the Council),Belgium, Slovakia (Presidency in 2016) and Ireland.

· The EU has led the fightinternationally for the transposition in national legislation of a definitionof torture in compliance with the Convention Against Torture (UNCAT). Ourorganisations welcome the current trend of including the crime of torture innational criminal legislation such as the cases of Sweden and Italy.

· Judicial cooperation between EUMember States will remain a concern for human rights organisations until clearregulations at EU level upholding international standards in areas such as butnot limited to conditions of detentions are enacted. International and regionalbodies have reiterated their concern about conditions of detention amounting totorture or ill treatment in various EU countries. Therefore, EU Member Statescould be violating their international commitments if transferring detainees toother Member States.

Therefore, ourorganisations recommend to COHOM and FREMP:

1. To closely work with the LIBECommittee in the development of a comprehensive internal human rights strategythat mirrors its external strategic framework.

2. To promote legislative reform acrossthe EU Member States concerning the definition of torture and itscriminalization in domestic legislation, in compliance with UNCAT.

3. To promote ratification of OPCAT byall Member States.

4. To jointly work with FRA in order toensure the full implementation of all recommendations to EU member states byinternational and regional bodies[1].

5. To ensure that the EU renews itscommitment to allocate adequate funding with regards to prevention, monitoringand rehabilitation of torture victims.

[1] Such asthe European Court of Human Rights, the Council of Europe Committee for thePrevention of Torture CPT, the UN Committee Against Torture, the UNSub-Committee for the Prevention of Torture and the Human Rights Committee.