42.
Luxembourg
(1)
The Committee considered the fifth periodic report of Luxembourg (CAT/C/81/Add.5) at its 759th
and 762nd meetings, held on 3 and 4 May 2007 (CAT/C/SR.759 and 762), and adopted the following conclusions
and recommendations at its 773rd meeting, on 14 May 2007 (CAT/C/SR.773).
A. Introduction
(2)
The Committee welcomes the fifth periodic report of Luxembourg, which is in conformity with the
guidelines regarding the form and contents of periodic reports, and notes that it was submitted on time. The
Committee takes note with satisfaction of the written replies by Luxembourg to the list of issues and the additional
information provided orally during consideration of the report. Lastly, the Committee welcomes the constructive
dialogue with the high-level delegation sent by the State party and thanks it for its frank and direct replies to
Committee members’ questions.
B. Positive aspects
(3)
The Committee commends the State party for striving to comply with its obligations concerning the
protection of human rights in general and those under the Convention in particular.
(4)
The Committee notes with satisfaction the following positive developments:
(a)
Adoption of the Act of 8 September 2003 on the prevention of domestic violence;
(b)
Adoption of the Act of 22 August 2003 establishing the Office of the Ombudsman;
(c)
The establishment, pursuant to the Act of 25 July 2002, of a children’s rights committee;
(d)
The introduction on 1 January 2006 of a new Charter of Ethical Values in the Grand Ducal police
force;
(e)
The announcement by the delegation of Luxembourg that a bill prohibiting all physical and sexual
violence within the family, including genital mutilation, has been submitted to Parliament;
(f)
The clarification provided by the delegation of the State party concerning the access of persons
detained for preliminary police questioning to a lawyer;
(g)
The guarantees contained in the Grand Ducal Regulation establishing a list of safe countries of origin
within the meaning of the Act of 5 May 2006 relating to the right of asylum and the right to related forms of
protection, which are in conformity with article 3 of the Convention;
(h)
The excellent cooperation between the Luxembourg authorities and non-governmental human rights
organizations, particularly in the context of assistance to aliens in administrative detention; and
(i)
The regular support given by the State party since 1983 to the United Nations Voluntary Fund for
Victims of Torture, as well as the increase in the State party’s contribution to the Fund.
C. Subjects of concern and recommendations
Non-refoulement and treatment of persons at the disposal of the authorities
(5)
The Committee takes note of the statement by the delegation of Luxembourg that a bill concerning the
construction of a centre for aliens in administrative detention on a site separate from the Luxembourg Prison has
been submitted to Parliament. However, the Committee is concerned by the fact that, pursuant to article 10 of the
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