during the period of the
enable victims
of torture
compensation:
whether
the
armed and security
forces
expressly
prohibited
acts
report;
what legal provisions
were applicable
to
to obtain compensation,
in particular
“moral”
instructions
given with regard to the actions
of the
had been obeyed in practice,
and whether
they
of torture.
635. Questions
were also raised
about the disappearance
of 353 Kurds in
1988 and about the torture
and degrading treatment inflicted
on Xuwaiti
citieens
during the Iraqi occupation.
In particular,
members asked whether
Iraq had made provision
for any investigations,
remedies and compensation in
that connection;
whether Iraqi prisons were still
holding political
prisoners;
whether the list of all persons currently
detained in Iraq would be made
public; whether the organieations
concerned would have access to court files;
and whether detainees could be questioned and examined by physicians.
August
636. It was pointed out that, during the Committee’s consideration
of the
second periodic
report of Iraq, doubts had been expressed as to the soundness
of certain provisions
included in a list of directive6
for the security
service,
and the question had been asked whether those directive6
were still
in force.
Members of the Committee also referred to the four judgements
concerning acts of torture mentioned in the third periodic report of Iraq and
to detailed information
on the practice
of torture
in Iraq furnished by the
Special Rapporteur on Torture of the Commission on HumanRights, by Amnesty
International
and by other international
organisations.
Such allegations
could not be refuted by the Iraqi authorities;
the members asked whether all
the complaints concerning acts of torture had really been investigated
and, if
so, with what results.
They also asked how many Iraqi soldiers had been tried
for rape during the occupation of Kuwait; whether Iraq applied the United
Nations Standard Minimum Rules for the Treatment of Prisoners; whether
representatives
of governmental and non-governmental organieations
had been
permitted to visit
detention centres: and whether any persons had died
following
torture.
They also asked what specific measures h;,d been taken to
prevent maltreatment in places of detention;
whether Iraqi legislation
included any provision’enablfng
the State to take action ex officio . in cases
of torture:
and whether the Iraqi Government would be prepared to conduct
impartial
investigations
with the assistance of international
experts,
637. In his reply, the representative
of the State party referred to the
provisions of the rraqi Constitution
and Penal Code designed to prohibit
and
punish any act of torture
and to the Criminal and civil
procedures laid down
to enable victims of torture
to claim moral or material compensation.
Investigations
were conducted by the courts , which received complaints of
torture
and which took the necessery steps within their competence against the
offenders.
The Attorney-General
played an essential role:
it was his
responsibility
to institute
proceedings on any information
he received
concerning acts of torture
and to follow up the matter
until judgement was
passed. There were no special rule6 for the investigation
of acts of torturel
the procedure was that followed for all other offences, whether committed by
police or by prison staff,
638. In addition,
directive
No. 4 of 1988 required the Department of Public
Prosecution to investigate
prison conditions
in order to verify
that they
conformed to the regulations.
The Department’s representative
saw to it that
physicians visited
detention centres.
He received complaints from detainees,
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