184. In connection with article 2 of the Convention, members of the Committee
raised several questions to clarify what rights a detained person had,
especially during the critical period immediately after he had been taken in
charge by the police. They wished to know, in particular, whether a person
could be held incommunicado, whether he was entitled to medical examination, and
when and how the accused was able to obtain the assistance of a defence counsel.
It was observed that the information provided in the report with regard to
police custody and interrogation of an arrested person was somewhat confusing
and required clarification. It was asked, in this connection, how preventive
detention was defined in the Libyan Arab Jamahiriya, what the legal time-limits
were and when it was applied.
185. Turning to article 3 of the Convention, members of the Committee wished to
know whether the provisions of that article were being applied directly in the
Libyan Arab Jamahiriya, whether the non-extradition of any person who would be
in danger of torture was effectively guaranteed under the law and, in this
connection, what the difference was between the acts of a freedom fighter and a
terrorist act and what criteria were used to decide to which category an act
belonged.
186. With regard to article 4 of the Convention, clarification was sought about
the types of penalties provided by the Libyan Penal Code for persons guilty of
torture and the sentences handed down by the criminal courts in cases of acts of
torture, particularly when those acts had resulted in the death of the victim.
Members of the Committee also asked for clarification on the scope of the term
"torture", as used in article 435 of the Penal Code, on whether it covered both
physical and mental or moral suffering and on how mental torture was punished
under Libyan law. Furthermore, it was noted that, under article 167 of the
Civil Code, a person would be held responsible for his unlawful acts committed
at a time when he was able to distinguish between right and wrong and it was
asked what criteria were applied in law to distinguish between right and wrong.
187. Concerning article 8 of the Convention, it was asked whether, if the Libyan
authorities learned of the presence in the country’s territory of a person who
was a national of a country with which the Libyan Arab Jamahiriya had no
extradition treaty and who was accused of torture in a country with which no
extradition treaty existed either, jurisdiction existed under domestic law so
that the person concerned might be arrested and brought to trial.
188. With regard to article 9 of the Convention, it was asked what arrangements
had been made by the Libyan Arab Jamahiriya in respect of mutual judicial
assistance and whether relevant treaties had been signed with other States
parties to the Convention.
189. Referring to article 10 of the Convention, members of the Committee wished
to know how special education in matters relating to torture for border police,
doctors and members of the health profession was provided in the Libyan Arab
Jamahiriya and whether the Universal Declaration of Human Rights and the
Convention were included in the training programmes.
190. It was noted that the report contained no reference to article 11 of the
Convention and information was requested on the implementation of its
provisions. It was asked, in particular, whether prison inspections by
representatives of non-governmental organizations were permitted.
191. In connection with article 12 of the Convention, reference was made to a
particular case included in the report of the Special Rapporteur of the
Commission on Human Rights on questions relating to torture (E/CN.4/1992/17) and
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