Regarding the 2023 Protocol between the Governments of Albania and Italy on migrant detention facilities in Albania, which are managed by Italian authorities according to Italian law, the Committee raised doubts about the Albania's compliance with the Convention, including the prohibition of refoulement. Despite the information provided by Albania, the Committee remained concerned about the ongoing lack of clarity regarding the jurisdiction governing these centres, including whether the National Preventive Mechanism (NPM) of Albania has full and unhindered access to conduct visits. The Committee asked Albania to ensure that the implementation of the 2023 Protocol fully complies with the Convention, and that the NPM of Albania has full and unhindered access to these facilities, as per the Optional Protocol to the Convention. It underlined that the State party's obligations continue to apply irrespective of the centres' management or jurisdiction, as the facilities are located on Albanian sovereign territory.
The Committee remained concerned about the persistent lack of reliable and disaggregated data on investigations into torture, ill-treatment, and unlawful use of force by the police, as well as the absence of independent and effective investigations and the resulting lack of accountability for perpetrators. It recommended that Albania take all appropriate measures to ensure that all such allegations are promptly and thoroughly investigated by independent bodies, that alleged perpetrators are immediately suspended from duty for the duration of the investigation while respecting the presumption of innocence, that those responsible are prosecuted, and that victims receive adequate redress. It further called on Albania to compile accurate and disaggregated data on investigations into torture, ill-treatment, and unlawful use of force by the police.
Argentina
The Committee expressed its concern regarding the situation of people held in prolonged detention in police stations and other law enforcement facilities, noting that some individuals had been held for more than six months or even over a year. The Committee highlighted the poor material conditions, stressing that such facilities, by their very nature, are not designed for long-term stays. The Committee called on Argentina to adopt urgent measures to stop using police facilities for long-term deprivation of liberty and strengthen institutional mechanisms to ensure the prohibition.
The Committee voiced its concern about several Ministry of Security resolutions on the use of force and non-lethal weapons, including the protocol for maintaining public order during roadblocks. It regretted the lack of clarification regarding several aspects of the Protocol, including who makes the decisions to invoke it and how such decisions are made. The Committee was also concerned about the absence of clear criteria for limiting the use of less lethal weapons, imprecise wording that could expand security forces' discretionary powers, among other things, and allegations of serious injuries caused by the indiscriminate use of rubber bullets, tear gas, and water cannons during recent demonstrations. It urged Argentina to revise these resolutions to bring them into line with international standards and to continue providing relevant training to police and security officers.
Bahrain
The Committee raised its concern about consistent reports indicating that torture is routinely used to extract confessions, that such confessions are invoked against defendants in court as evidence of their guilt, and that the courts have not been investigating complaints of this kind. The Committee called on Bahrain to ensure that confessions and other statements obtained through torture or ill-treatment are not admitted as evidence, except when introduced against persons accused of committing torture for the purpose of establishing that the statement was made. It also urged Bahrain to ensure that, when it is alleged that a statement has been obtained through torture, the allegation is investigated immediately, effectively and independently, and that alleged perpetrators are prosecuted and, if found guilty, punished.
The Committee voiced its concern about reports indicating that human rights defenders, members of civil society, journalists, political opponents and other Government critics have been subjected to retaliation, such as intimidation, threats, harassment, travel bans, revocation of citizenship, excessive use of force, undue restrictions on family contact, arbitrary arrest and detention, prosecution, including before military courts, torture and ill-treatment, enforced disappearance and extrajudicial execution. The Committee urged the State Party to take the necessary measures to ensure that these groups of people are adequately protected, that all human rights violations are thoroughly investigated, that those responsible are brought to justice, and that victims or their families are provided with effective remedies.
Israel
The Committee unequivocally condemned the attack perpetrated by Hamas and other groups on 7 October 2023 against Israel and acknowledged the security threat faced by the State Party. It also expressed its deep concern over the disproportionate nature of Israel's response to these attacks, which has resulted in a massive loss of human life and profound suffering for the Palestinian people, as detailed in its concluding observations.
The Committee was deeply concerned about reports indicating a de facto State policy of organized and widespread torture and ill-treatment during the reporting period, which had gravely intensified since 7 October 2023. It also expressed its concern that a range of policies adopted by Israel in the course of its continued unlawful presence in the Occupied Palestinian Territory, if implemented in the manner alleged, would amount to cruel, inhuman or degrading living conditions for the Palestinian population. The Committee asked Israel to establish an independent, impartial and effective ad hoc investigatory commission to review and investigate all allegations of torture and ill-treatment committed during the current armed conflict, prosecute those responsible, including superior officers, and ensure the immediate entry of necessary humanitarian aid and aid workers into Gaza. Other matters of concern for the Committee included settler violence and the use of administrative detention, both of which have reportedly reached unprecedented levels.
With regard to the State Party's domestic legislation, the Committee underscored its serious concern that the State Party continues to lack a distinct offense criminalizing torture, and that its legislation allows public officials to be exempted from criminal culpability under the so-called "necessity" defence when unlawful physical pressure is applied during interrogations. It also highlighted its concern that the use of undisclosed "special means" remains permitted as a method of coercion in interrogations. In this regard, the Committee urged Israel to enact a distinct criminal offense of torture that incorporates a definition consistent with the Convention, to provide information on the exact nature of the "special means" employed, and to ensure that no exceptional circumstances are invoked to justify torture or ill-treatment.
The above findings, officially known as Concluding Observations, are now available on the session page.
