(9)
While taking note of the explanations provided by the delegation of Luxembourg regarding solitary
confinement, the Committee regrets the persistence of this disciplinary practice and Luxembourg’s intention to
maintain it despite the earlier recommendations of the Committee against Torture (CAT/C/CR/28/2, paras. 5 and 6)
and those of the European Committee for the Prevention of Torture and Inhuman or Degrading Treatment or
Punishment5 (arts. 11 and 16).
The Committee urgently reiterates its recommendation that solitary confinement be strictly and
specifically regulated by law and that judicial supervision be strengthened. The State party should take
the necessary steps to put an end to this disciplinary practice and change the relevant regulations
accordingly.
Treatment of minors in conflict with the law and minors at risk
(10) The Committee takes note of the information provided by the State party in its written replies, according to
which negotiations have been held between the Ministry of the Family, the Ministry of Public Works and the
municipality of Wormeldange with a view to reaching an agreement on completion of the project to build the
Dreiborn closed security unit for minors. It also notes that, at the time of consideration of this report, the municipal
council had yet to issue a construction permit. However, the Committee continues to be concerned about the
placement of minors in the Luxembourg Prison, which cannot be regarded as a suitable environment for them,
especially as it cannot be guaranteed that there will be no contact whatsoever between minors and adult detainees.
The Committee is also concerned that minors in conflict with the law and those with social or behavioural problems
are placed in the same facilities and that minors aged between 16 and 18 may be brought before ordinary courts and
tried as adults for particularly serious offences (arts. 11 and 16).
The Committee urgently reiterates its previous recommendation that minors should not be placed in
adult prisons for disciplinary purposes (CAT/C/CR/28/2, paras. 5 and 6). The State party should also
take the necessary steps to build the Dreiborn security unit as soon as possible and, in the interim, to
ensure that minors are kept strictly separate from adult detainees.
The State party should also keep children in conflict with the law separate from minors with social or
behavioural problems, do everything possible to ensure that minors are never tried as adults, and set
up an independent monitoring body to inspect juvenile facilities regularly (CRC/C/15/Add.250,
para. 61 (c), (d) and (e)).
Impartial investigation
(11) The Committee is concerned about the system which gives the public prosecutor discretion to decide not to
prosecute perpetrators of acts of torture and ill-treatment involving law enforcement officers or even to order an
investigation, in blatant violation of the provisions of article 12 of the Convention (art. 12).
In order to respect the letter and spirit of the provisions of article 12 of the Convention, the State party
should consider departing from the system which gives the public prosecutor discretion to decide
whether to prosecute so that there can be no doubt as to the obligation for the competent authorities to
launch impartial investigations immediately and systematically in all cases in which there are
reasonable grounds for believing that an act of torture has been committed anywhere in the territory
under its jurisdiction.
Human trafficking
(12) The Committee is concerned by the continued trafficking of human beings in the State party and the
inadequate nature of the checks made when artistes’ visas are issued, which entails the risk that these visas might be
used for the purposes of this illegal activity (art. 16).
5
CPT Inf (2004) 12, para. 86.
69
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