COMMITTEE AGAINST TORTURE ISSUES CONCLUSIONS AND RECOMMENDATIONS ON REPORTS OF LUXEMBOURG AND SAUDI ARABIA

CAT
28th session
15 May 2002
Afternoon



Calls for End to Placement of Minors in Luxembourg Prisons;
Restriction and Possible Abolition of Use of
Solitary Confinement Urges Saudi Arabia to
Re-Examine Use of Corporal Punishment;
Incorporation of Crime of Torture into Domestic Law



The Committee against Torture issued its conclusions and recommendations this afternoon on reports offered by Luxembourg and Saudi Arabia, recommending that Luxembourg end a practice of placing minors detained for disciplinary purposes in adult prisons, and that Saudi Arabia re-examine the imposition by judicial and administrative authorities of corporal punishments, in particular flogging and amputation, that were not in conformity with the Convention against Torture.
The Committee praised Luxembourg for incorporating a specific crime of torture into its Penal Code and for addressing in detail all matters of concern and recommendations previously made by the Committee in response to reports submitted by Luxembourg.
It cited concern, among other things, that Luxembourg allowed the use solitary confinement, particularly for pre-trial detainees, and recommended that such confinement be strictly and specifically regulated by law, that the punishment be applied only in severe circumstances, and that the Government consider abolishing it, particularly during pre-trial detention.
Among positive aspects of the report of Saudi Arabia, the Committee noted newly promulgated Codes of Civil Procedure, Criminal Procedure and Practice for Lawyers; and the competence of a Board of Grievances to hear allegations of violations of human rights.
The Committee recommended, among other things, that Saudi Arabia expressly incorporate within its domestic law a crime of torture compatible with article 1 of the Convention; that it ensure that its laws were in practice applied equally regardless of nationality, gender, religious affiliation or other distinctions; and that it ensure that all places of detention or imprisonment conformed with standards sufficient to guarantee that no person was thereby subject to torture or other cruel treatment.
A representative of Saudi Arabia, responding to the Committee's conclusions, said the Government could not accept interference in judicial matters such as corporal punishment that were dictated by Islam and that had been practiced for more than 1,400 years -- that such a step was beyond the Committee's jurisdiction.
Luxembourg and Saudi Arabia, as among 129 States parties to the Convention against Torture, must submit periodic reports to the Committee describing efforts to put the terms of the Convention into effect.
The Committee also continued review this afternoon of proposed changes to its rules of procedure relating to article 19 of the Convention, which concerns the submission and consideration of reports of States parties.
The panel will reconvene in public session at 3 p.m. on Thursday, 16 May, to issue its conclusions and recommendations on a third periodic report of the Russian Federation.

Conclusions and Recommendations on Third Periodic Report of Luxembourg
The Committee cited among positive aspects of the report that Luxembourg had addressed in detail all matters of concern and previous recommendations made by the Committee; that a specific crime of torture had been incorporated into the country's Penal Code; that an Advisory Committee for Human Rights had been established; and that an Act had been promulgated whose main objective was the merger of the police and the gendarmerie.
Concern was expressed that minors ordered to be placed in disciplinary centres were put in adult prisons; and that solitary confinement was used, particularly as a preventive measure during pre-trial detention.
The Committee recommended that Luxembourg refrain from placing minors in adult prisons for disciplinary purposes; that solitary confinement be strictly and specifically regulated by law and that judicial supervision of the practice should be strengthened so that the punishment was applied only in severe circumstances, and with a view to its abolition, particularly during pre-trial detention; and that the Government consider making provisions for appropriate compensation specifically for victims of torture.

Conclusions and Recommendations on Initial Report of Saudi Arabia
The Committee cited a number of positive aspects to the report. They included Saudi Arabia's accession to the Convention and to several other core human rights treaties; the newly promulgated Code of Civil Procedure, Code of Criminal Procedure and Code of Practice for Lawyers; the competence of the Board of Grievances to hear allegations of violations of human rights and that certain medical facilities possessed appropriate forensic medical expertise for examination of alleged victims of torture; and the establishment of a standing commission to investigate accusations concerning the subjection of any person to torture or other cruel treatment.
A number of concerns were noted. The Committee said among other things that the sentencing to and imposition of corporal punishments by judicial and administrative authorities, including flogging and amputation of limbs, was not in conformity with the Convention. The Committee said it was concerned about allegations of prolonged pre-trial detention of some individuals which heightened the risk of torture and could on occasion itself be a violation of the Convention; that there were reports of incommunicado detention, at times for extended periods, particularly during pre-trial investigations; that regulations for investigating officers to ascertain "by judicious means" reasons for an individual's silence could risk acts in violation of the Convention; that cases of deportation of foreigners had been drawn to the Committee's attention that seemed to have been in breach of the Convention; and that the jurisdiction of the Mutawe'en officials to pursue, among other things, violation of the moral code and to proscribe conduct they identified as not conducive to the public morality and safety, appeared to be vaguely defined by law and that the activities of these officials might violate the Convention.
The Committee recommended, among other things, that Saudi Arabia expressly incorporate within its domestic law a crime of torture compatible with article 1 of the Convention; that it re-examine the imposition of corporal punishments that were in breach of the Convention; that it ensure that its laws were in practice applied to all persons on an equal basis, regardless of nationality, gender, religious affiliation or other distinctions, insofar as they applied to issues arising under the Convention; that Saudi Arabia ensure that all places of detention or imprisonment conformed with standards sufficient to guarantee that no person was thereby subject to torture or other cruel treatment; that it ensure that its law and practice reflected the obligations imposed by article 3 of the Convention concerning refoulement; that Saudi Arabia ensure that victims of violations of the Convention had access to means for obtaining full redress, and that persons who might be responsible for such violations were subject to prompt and impartial investigation; that the Mutawe'en officials exercise a clear and precise jurisdiction in conformity with the Convention and other applicable rules of non-discrimination, in a manner regulated by law and subject to review by ordinary Saudi judicial authority; that Saudi Arabia ensure that persons detained in custody had access to legal and medical expertise of choice, and to family members; that it ensure that the composition of the judiciary fully comported to the standards imposed by the United Nations Basic Principles on the Independence of the Judiciary; that Saudi Arabia adopt adequate measures to permit the creation of independent non-governmental organizations developing their activities in the area of the defense of human rights; and that it consider giving the declaration under article 22 of the Convention authorizing the Committee to receive individual complaints.



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