United States: Joint conference on "Litigation before the UN Committee against Torture: strengthening this important tool against torture", 15 April 2013 in Washington D.C.
LITIGATION BEFORE THE UN COMMITTEE AGAINST TORTURE: STRENGTHENING THIS
IMPORTANT TOOL AGAINST TORTURE
Cosponsored by
American University Washington College of Law
and the World
Organisation Against Torture
April 15, 2013
(8:30 a.m. – 6:00 p.m.)
American
University Washington College of Law
4801
Massachusetts Ave. N.W., Room 603, Washington, D.C.
Overview: Article 22 of
the Convention against Torture and Other Cruel, Inhuman or Degrading Treatment sets
forth the Committee against Torture’s individual complaints procedure. Under
Article 22, the Committee considers petitions (“communications”) from or on
behalf of alleged victims of a violation of a Convention provision(s) by a
State Party that has recognized the Committee’s competence to receive and
consider communications (currently, 65 of the 153 State Parties to the
Convention have done so). Since the establishment of this procedure, the
Committee has decided numerous cases, giving a clear response to acts of
torture committed around the world. This conference will gather worldwide
experts, including UN experts, lawyers, NGOs representatives, scholars and
practitioners, to discuss the Committee’s practice, challenges and best
practices moving forward to better protect and assist victims of torture.
8:30 – 9:00 Registration
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9:00 – 9:20
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Opening Remarks
João
Vale de Almeida, European Union Ambassador to the United States (tbc)
Claudio Grossman, Dean, American
University Washington College of Law and Chairperson, UN Committee against
Torture
Gerald Staberock, Secretary-General
of the World Organization Against Torture (OMCT)
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9:30–11:00
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Panel I: The Use of Interim Measures by the Committee against Torture:
Towards a Comprehensive Instrument for the Protection of Victims and Witnesses
in Torture Cases
Worldwide, victims and witnesses in cases of torture
face threats and great challenges when denouncing cases of torture at
national and international levels. Protection measures are crucial for victims
to present cases. Participants will discuss how to further strengthen the
protection of victims alleging violation(s) of Convention provision(s) before
the Committee against Torture.
Moderator: Helene Legeay, Middle East
and North Africa programme manager
Panelists:
Carla Ferstman, Director of Redress
Diego Rodríguez-Pinzón, Professorial
Lecturer in Residence and Co-Director of the Academy on Human Rights and
Humanitarian Law at American University Washington College of Law
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11:10-12:30
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Panel II: The Role
of the Committee against Torture in Providing Full and Adequate Reparation to
Victims
International human rights law provides that victims
of human rights violations are entitled to full and adequate reparation,
including compensation, restitution, rehabilitation, satisfaction and
guarantees of non-repetition. General Comment 3 of the Committee against
Torture explains and clarifies the fundamental State Party obligation under
article 14 of the Convention.
Participants will analyze the nature of the
reparations required by the Committee against Torture and challenges towards
comprehensive redress.
Moderator: Claudio
Grossman, Dean, American University Washington College of
Law and Chairperson, UN Committee against Torture
Panelists:
Ibrahima Kane, Advocacy
Director, Open Society Initiative for East Africa (OSIEA)
Octavio
Amezcua, Mexican Commission for the Defense
and Promotion of Human Rights
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12:30– 1:45
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Lunch
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2:00– 3:45
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Panel III:
Challenges in the Implementation of the Decisions of the Committee against
Torture
This session will share best practices and identify obstacles
to seeking full implementation of the Committee’s decisions, drawing upon the
experiences of various stakeholders (e.g., OHCHR, practitioners, State parties
and victims).
Moderator: Gerald
Staberock, Secretary-General of the World
Organization Against Torture (OMCT)
Panelists:
Karina Moskalenko, Russian Human Rights Lawyer
Christian De Vos, Advocacy
Officer, Open Society Justice Initiative
Elsy
Chemurgor Sainna, International Commission of Jurists, Kenya
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4:00– 5:30
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Panel IV: Challenges to Proving Cases of Torture before the Committee against
Torture
The Committee against Torture considers
communications in the light of all information made available to it and may freely
assess the facts based upon the full set of circumstances. How can victims/practitioners make sure to
adequately present their allegations? What types of proof are persuasive?
What is sufficient to shift the burden of proof? Panelists will discuss these
questions and the interesting variation of the burden of proof throughout the
complaints procedure.
Moderator: Gabriela Echeverria,
Visiting Scholar, Human Rights Institute, Columbia Law School
Panelists:
Mario Lopez Garelli,
Senior
Human Rights Specialist at the Inter-American Commission on Human
Rights
Hari Phuyal, Advocacy Forum Nepal
Juan E. Méndez, Visiting Professor
of Law, American University Washington College of Law and UN Special
Rapporteur on Torture and Other Cruel, Inhuman or Degrading Treatment or
Punishment
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5:30
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Concluding Remarks
Claudio Grossman, Dean, American University Washington College of Law and Chairperson,
UN Committee against Torture
Reception
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Registration is free but required – please go to www.wcl.american.edu/secle/registration.
CLE accreditation will be applied for as requested – 6
credits - CLE Registration - $330
For further
information, contact: Office of Special Events & Continuing
Legal Education, 202.274.4075 or secle@wcl.american.edu.


This
conference is being held with the financial assistance of the European Union and the Oak Foundation.
Its content is of the sole
responsibility of OMCT and cannot
be considered as reflecting
the position of its supporting institutions.