78. In connection with article 2 of the Convention, the representative
indicated that, according to section 183 of the Criminal Procedure Act, a
detained person must be brought before a judge on the day following his arrest.
79. Referring to article 3 of the Convention, the representative stated that
the case of any foreigner requesting asylum at the border or invoking certain
rules of humanitarian protection was referred to the Director of the Immigration
Services; in any event, an asylum-seeker would not be turned back at the border.
A residence permit could also be issued for humanitarian reasons. In addition,
Norway had a list of countries to which foreign nationals must not be sent back.
Extradition could be granted to countries with which Norway had not concluded
treaties but, in such cases, it was subject to specific requirements and a final
decision by the Minister for Justice.
80. With regard to article 4 of the Convention, the representative pointed out
that Norwegian law made no distinction between moral and physical harm.
81. Turning to article 5 of the Convention, the representative stated that, in
general, Norway implemented the principle of universal jurisdiction which was
applicable to acts of torture committed abroad by Norwegian nationals, as well
as to acts committed abroad by foreigners. If a person who had committed an act
of torture was in danger of ill-treatment or the death penalty if he was
extradited, he would be tried in Norway. The Minister for Justice had
recommended that the Parliament should ratify the European Convention on the
Transfer of Sentenced Persons.
82. In connection with article 10 of the Convention, the representative
mentioned that the Norwegian authorities had established a fruitful dialogue
with the Norwegian Medical Association, which was particularly interested in
medical ethics and torture. No special instruction on torture was provided in
law faculties but, in human rights courses, considerable attention was paid to
United Nations conventions.
83. Referring to article 12 of the Convention, the representative explained
that the investigative body set up in connection with the alleged police
brutality in the city of Bergen was responsible for investigating acts committed
by members of the police or prosecution bodies in the exercise of their
functions. It conducted the investigation, while the public prosecutor was
responsible for bringing charges. It was presided over by a judge and has been
set up to ensure that abuses by the police were investigated impartially and
independently of the various police forces. Once the investigation had been
completed, justice followed its normal course. He also stated that there were
no statistics on foreigners who might have been subjected to police brutality or
on the conduct of the police in urban as opposed to rural areas and that
sufficient evidence against 11 of the 15 persons charged with false accusations
against the police in Bergen had been established by the jury. The views of
Amnesty International in this matter had been brought to the attention of the
Ministry of Justice and the Ministry of Foreign Affairs.
84. With regard to article 14 of the Convention, the representative explained
in detail the compensation procedures available in Norway, which consisted of
various mechanisms for both economic and non-economic losses. Claims for
compensation could be linked with a criminal action and the amount of
compensation was determined by the courts. The system for compensation by the
State came into play when the offender was insolvent. The State was held
responsible for unlawful injury caused by its agents and, in case of acts of
torture committed by public officials, the amount of compensation would not be
limited to NKr 150,000.
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