justified a request for compensation for material and non-pecuniary damage.
Requests for compensation had to be addressed to the administration and then to
a court.
Conclusions and recommendations
180. The Committee thanked the Government of Germany for its clear,
comprehensive and objective report and its representatives for the pertinent
replies they provided to the questions submitted to them. The Committee
welcomed the legal and administrative measures that had been taken in Germany to
prevent and, where necessary, punish torture, and it was pleased to note that
Germany was doing everything in its power to fulfil the obligations it had
assumed in ratifying the Convention. The Committee requested the German
authorities to inform it of the result of the investigation initiated in Bremen
into the incidents brought to its attention; and also requested the Government
of Germany to envisage the possibility of making the declarations necessary to
be bound by articles 21 and 22 of the Convention.
Libyan Arab Jamahiriya
181. The Committee considered the additional report of the Libyan Arab
Jamahiriya (CAT/C/9/Add.12/Rev.1) at its 130th and 135th meetings, on 17 and
19 November 1992 (see CAT/C/SR.130, 135 and 135/Add.2).
182. The report was introduced by the representative of the State party, who
highlighted the information contained in it with regard to the political system,
the legislative, the executive and the judicial authorities of the Libyan Arab
Jamahiriya, as well as the legal framework for the implementation of the
Convention. The representative also stressed that the report dealt with other
questions raised by the members of the Committee during their consideration of
the initial report.
183. Generally, members of the Committee wished to receive more information on
the way in which the Convention was implemented in the Libyan Arab Jamahiriya.
It was asked, in this connection, whether the Convention had become part of the
country’s legislation, whether the courts applied the Convention directly and
whether an individual could base his actions on the principles embodied in the
Convention. More information was also requested on the structure and
functioning of the judiciary. It was asked, in particular, how judges were
appointed, whether judges could be dismissed, and if so, by which authority,
whether there was a disciplinary body to ensure that they carried out their
duties properly, whether the Supreme Court operated as a Constitutional Court
and whether it had the function of determining the legality of legislation and
the consistency of law with the Great Green Document on Human Rights in the Age
of the Masses. It was also asked whether there was any organic link between the
police officer or the department who arrested an individual and the authority
which instituted criminal proceedings on the one hand, and the investigating
authorities and the courts which handed down sentences, on the other; whether
the Attorney General was responsible for investigations or whether it was the
examining magistrate or another body; who had the authority to consider
questions concerning detention by the police and whether Libyan law provided
that no case could be heard in the absence of a defence lawyer. In addition,
members of the Committee sought clarification about the People’s Court and its
relationship with civil, criminal and other courts, the role of the personal
status courts which applied Islamic law, and the legal effects of the individual
amnesty. It was further asked whether the Libyan Arab Jamahiriya was prepared
to accept the optional provisions contained in articles 21 and 22 of the
Convention.
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