COMMITTEE AGAINST TORTURE ISSUES RECOMMENDATIONS AND CONCLUSIONS ON REPORT OF ITALY, HEARS REPLIES FROM THE LIBYAN ARAB JAMAHIRIYA

AFTERNOON
HR/CAT/99/17
6 May 1999



The Committee against Torture this afternoon praised positive steps taken by Italy to more fully comply with the tenets of the Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment, but noted that the State should take further action to fulfil this aim.

Sayed Kassem El Masry, who served as the Committee’s rapporteur to Italy's third periodic report, lauded the State for efforts like the introduction in Parliament of a bill that would add the crime of torture to its domestic laws, and the adoption of legislation that would grant legal aliens in the country the same rights as Italian citizens.

But he also referred to the State's lack of training in the field of human rights, saying that the shortcoming, in part, was responsible for several violations by the Italian military while on a peace-keeping mission in Somalia.

The Committee recommended that Italy keep it informed on the status of the investigation into the Somalia incident. It also suggested that Italy incorporate into its general statutes a crime of torture, and end its “censor checks” on prisoners' correspondence addressed to international bodies of investigation.

Also this afternoon, the delegation from the Libyan Arab Jamahiriya returned to answer questions that Committee members put to them on Wednesday. The delegation clarified Libya's policy of allowing detainees access to legal counsel at all times, and re-stated that victims of torture at the hands of public officials were eligible for compensation both from the perpetrator and the State.

The delegation of the Libyan Arab Jamahiriya will return on Monday to hear the Committee's conclusions and recommendations. When the Committee meets on Friday, 7 May, at 10 a.m., it will start its consideration of the third periodic report of Egypt.

Recommendations and Conclusions on Report of Italy

SAYED KASSEM EL MASRY, the Committee’s rapporteur to the report, praised several points in the document. He cited the introduction in Parliament of a bill aimed at adding the crime of torture to legislation and setting-up a special fund for the victims of acts of torture, as well as the introduction of a number of modifications in the regime of precautionary measures to protect arrested persons and detainees from ill-treatment or torture, such as the rule requiring that questioning outside the court had to be documented by sound or audio-visual recordings.

Mr. El Masry also lauded Parliament for passing Law no. 40 on 6 March 1988 governing immigration and aliens which, in particular, granted aliens who were legally residing in the territory of the State party parity with Italian citizens. Others positive aspects were the assurances contained in the report that a different and new policy of accepting foreigners was to be energetically carried forward; the consideration by Parliament of a bill that accorded humanitarian protection and the right of asylum and intended to institute an organic asylum regime; and the fact that foreign prisoners who were granted measures alternative to detention may also be granted temporary work permits.

Listing subjects of concern, Mr. El Masry said despite the efforts of the authorities, the prison system remained overcrowded and lacking in facilities which made the overall conditions or detention not conducive to the efforts of preventing inhuman or degrading treatment or punishment. In that regard, it was noted with concern that reports of cases of ill-treatment in prison continued, and many of them involved foreigners.

Mr. El Masry also said there was concern over the lack of training in the field of human rights, in particular the prohibition against torture, to the troops participating in peace-keeping operations and the inadequate number of military police accompanying them, which was responsible in part for the unfortunate incidents that had occurred in Somalia.

Among the Committee's recommendations was a suggestion that the legislative authorities in the State party proceed to incorporate into domestic law the crime of torture as defined in article 1 of the Convention, and make provision of an appropriate system of compensation for torture victims. The Committee also proposed that the State keep the Committee informed on the progress and result of the judicial proceedings resulting from the incidents in Somalia, and that all prisoners' correspondence addressed to international bodies of investigation and settlement of dispute be excluded from “censor checks” by prison personnel or other authorities.


Replies from the Libyan Arab Jamahiriya

Answering questions for the delegation were Najib Tleba, the head of the Human Rights Department in the General People's Committee of Justice of Libya, and Najat Al-Hajjaji of the Permanent Mission to the United Nations Office at Geneva.

Questioned about the right of a detainee to contact a lawyer, the delegation said that all detainees had the right to contact lawyers and their families, with only one exception - the detainee was not allowed a visit in the first period of detention, and that was the interrogation. That exception did not extend to the lawyer, however.

On the training and education of law enforcement officers, the delegation said that as of 1997, articles of the Convention had become part of the curriculum of the police academy.

The delegation said if a detainee filed a complaint of torture, and a doctor confirmed the use of torture, an inquiry was launched and the persons in charge would be held responsible for their actions.

Concerning allegations that detainees were held for months or even years without contact with a lawyer or their family, the delegation said there were no such cases. Even while serving a sentence, a detainee had access to his lawyer. For those who were denied visits, no statistics could be found, if they existed at all.

There were three cases where officials had been accused of torture. That information had been forwarded to the office of the attorney-general which was in charge of overseeing such claims.

The delegation said any public servant who was guilty of torture was responsible for compensation to the victim. The victim also had recourse to claim compensation from the State, and the State was obliged to pay that compensation.

The delegation pointed out that when there was a contradiction between the Convention and local legislation, priority was given to the provisions of the Convention. Serious punishments were applied to those carrying out torture.

The delegation detailed the procedures for capital punishment. The case must be presented to the Parliament, which was the People's Congress, and the judgment was not implemented without its approval. If the religion of the accused obliged him to confess violations before being executed, areas were provided for such confessions and ministers were allowed to attend. Executions could not be carried out in open areas. If the accused wanted to provide any further statements, the prosecutor must permit that. Carrying out the execution could not be during holidays, or religious holidays of the condemned person. Hanging was the punishment for civilians, and firing squads were the punishment for military persons.

The delegation said that sanctions inflicted on Libya had caused great suffering among the people there. They were implemented by the super powers. In spite of the judgment of the International Court of Justice, the embargo continued. The extradition of the suspected persons was carried out on the following basis: Libya was sure of their innocence and was sure that there would be a fair and just trial.

The delegation said there were 67 non-governmental organizations in the Jamahiriya that worked to defend and protect the human rights of the people there. The Jamahiriya strived to promote a civil society. Human rights defenders were assisted by the State.

In view of the difficult economic conditions the country had been facing from 1992 to 1999 because of the sanctions, the capacity to contribute to such funds as the United Nations Voluntary Fund for Torture Victims was limited. The sanctions had resulted in a loss of $ 26 billion. When the sanctions were lifted, the contributions would resume.

Islam prohibited torture, even against animals. There were not other religions in Libya. All 4 million Libyan citizens were Muslims, the delegation concluded.

Discussion

BENT SORENSEN, the Committee’s rapporteur to the report, said he understood that the death penalty was not carried out on a pregnant woman, but rather she would be executed two months after giving birth. Had that happened in the last 10 years? Such a punishment would be both inhuman and degrading.