Committee Against Torture, session 37 (2006)

RECOMMENDATIONS/OBSERVATIONS ON CORPORAL PUNISHMENT IN THE COMMITTEE AGAINST TORTURE'S CONCLUDING OBSERVATIONS TO STATES EXAMINED IN SESSION 37 (13-25 NOVEMBER 2006)

Guyana

(7 December 2006, CAT/C/GUY/CO/1, Concluding observations on initial report, para. 13)

"The disciplinary measures used in the treatment of prisoners are a matter of concern for the Committee, in particular section 37 of the Prison Act, 1998, which allows whipping, flogging and reduction of diet (arts. 2 and 11).

While taking note of the statement of the representative of the State party that these disciplinary measures have not been used, the State party should review all legal provisions which authorize these practices with a view to abolishing them as a matter of priority. The State party is reminded that treatment of prisoners should guarantee full respect for the dignity and human rights of all prisoners in conformity with the Standard Minimum Rules for the Treatment of Prisoners."

South Africa

(7 December 2006, CAT/C/ZAF/CO/1, Concluding observations on initial report, para. 25)

"While noting that the State party’s legislation, as well as the jurisprudence of the Constitutional Court (S v. Williams and Others, of 1995), prohibits corporal punishment, the Committee remains concerned at even its infrequent use in some schools and other public institutions and at the absence of an oversight mechanism to monitor these institutions (art. 16).

The State party should ensure that legislation banning corporal punishment is strictly implemented, in particular in schools and other welfare institutions for children, and establish a monitoring mechanism for such facilities."