Libyan Arab Jamahiriya
95. The Committee considered the second periodic report of the Libyan Arab
Jamahiriya (CAT/C/25/Add.3) at its 201st and 202nd meetings, held on
15 November 1994 (see CAT/C/SR.201 and 202 and Add.2), and adopted the following
conclusions and recommendations.
A.
Introduction
96. The Libyan Arab Jamahiriya submitted its report in a timely manner. The
contents of the report were enhanced by a valuable introduction by the Libyan
delegation.
B.
Positive aspects
97. The Committee notes with satisfaction that the Libyan Arab Jamahiriya has
met its reporting requirements under the Convention.
98. The Committee also notes with satisfaction that the terms of the Convention
have been generally incorporated in the domestic law of the Libyan Arab
Jamahiriya and, in particular, that the State party has defined a separate crime
of torture.
C.
Matters of concern
99. The Committee is concerned that in the Libyan Arab Jamahiriya incommunicado
detention continues to create conditions which may lead to violations of the
Convention.
100. The Committee is also concerned that allegations of torture in the State
party continue to be received from reliable non-governmental organizations which
have provided well-founded information in connection with other monitoring
activities of the Committee.
D.
Recommendations
101. The Committee recommends that the Libyan authorities guarantee the free
access of a person deprived of his liberty to a lawyer, to a doctor of his
choice and to his relatives at all stages of detention.
102. The Libyan Government should continue to fight against torture by:
(i) sending clear messages and instructions to that effect to its police and
providing educational programmes to them; (ii) ensuring that those who commit
the offence of torture are prosecuted in accordance with the law.
103. The Committee encourages the Libyan Government to consider making the
declarations provided for under articles 21 and 22 of the Convention.
104. Finally, the Committee looks forward to the next report and invites the
Government of the Libyan Arab Jamahiriya to submit to it replies in writing to
those questions which have remained unanswered.
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