71. Clarification was also requested on specific legal measures taken by Norway
to implement fully articles 6, 7, 8 and 9 of the Convention.
72. In connection with article 10 of the Convention, members of the Committee
recalled that training programmes were necessary not only for doctors, but also
for other health personnel at all levels who had a key role to play in combating
torture. It was also asked whether law faculties offered special courses which
dealt with torture as a global phenomenon and approached it from the standpoint
of international and domestic legislation.
73. Turning to article 11 of the Convention, members of the Committee
congratulated Norway on its rules and practices with regard to the custody of
persons in detention and the treatment of prisoners and requested further
information on the provisions contained in the Prosecution Instructions.
74. In connection with article 12 of the Convention, members of the Committee
asked for additional information on the nature of the cases referred to the
"special investigative bodies" which were independent of the police and the
prosecuting authority. They also asked how the special investigative bodies
were set up, by whom, what their prerogatives were, why they were needed and
what the role of the public prosecutors was. Members of the Committee noted
that only 20 cases relating to the use of force by the police had been subjected
to special investigation in Norway during the period 1988-1990 and asked for
additional information in that regard. They wished to know, in particular,
whether there were districts where such incidents were more common than
elsewhere and whether foreigners were involved to any significant extent. With
regard to the investigation of alleged police brutality in Bergen in May 1989,
which had resulted in the indictment of 15 persons for having made false
accusations against the police, members of the Committee wished to know whether
it had been proved beyond any reasonable doubt that the persons prosecuted had
intended to discredit members of the police force and what penalties had been
imposed on those found guilty. Clarification was also requested on the position
of the Norwegian authorities with regard to the views of Amnesty International
in this matter.
75. With regard to article 14 of the Convention, members of the Committee noted
that Norwegian legislation provided for financial compensation only, and in a
limited amount, to victims of violence and that compensation was not granted for
injury of a non-economic nature. They observed that those provisions did not
meet all the requirements for compensation of victims of torture established by
the Convention.
76. In connection with article 15 of the Convention, clarification was
requested on whether testimonies obtained unlawfully could be admitted as
evidence.
77. In his reply, the representative of the State party provided detailed
information about the dualistic system in force in his country, according to
which a special act was required before an international instrument became
applicable in Norway. He also informed the Committee about different legal
approaches recently developed by Norwegian jurists with regard to the
application of international human rights instruments in domestic law. The
Committee set up in 1989 to study this question had not yet submitted its
report. It appeared, however, that it would propose that a number of human
rights instruments should be incorporated into Norwegian law and that a high
rank should be given to them in the hierarchy of legal provisions. The
representative also pointed out that some provisions of the Penal Code were
fully applicable to the acts referred to in article 1 of the Convention.
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