240. With respect to article 10 of the Convention, members of the Committee
wished to know what efforts were being made to disseminate information on the
Convention in the population and among detainees; what training was being
provided to jurists, to prison staff in corrective labour institutions and to
the medical personnel; and whether there had been any exchanges in the courses
taught in faculties of law to include questions of human rights and, in
particular, efforts to combat torture.
241. Concerning article 14 of the Convention, members of the Committee wished to
know what results had been achieved in terms of rehabilitation of the victims of
repression during the period of the personality cult. They also requested
further details on the compensation of victims of repression. In addition, they
asked who was responsible for compensation; whether the victim could initiate
proceedings to obtain compensation, and to bring an action against the State and
against the person who had tortured him; what measures were being taken to bring
former torturers to justice; what measures had been taken to ensure medical
rehabilitation of the victims of torture.
242. With reference to article 16 of the Convention, members of the Committee
wished to know under what circumstances a person could be held in isolation;
what the relevant legal provisions were in this respect and whether the
isolation was a preventive measure or was applied once a final judgement had
been pronounced; what the minimum and maximum period of detention in isolation
cells was and who decided whether to place persons in isolation cells.
243. In reply, the representative of the State party described his country’s
three categories of courts, remarking in particular that in judicial matters an
effort was being made to avoid a sudden break with the past and to emphasize the
gradual reform of institutions, phased over a period of one or two years. Now
judges were elected for life and their independence was guaranteed, which had
not been the case in the past. The competence of the Public Security Committee
had been strictly defined and limited and measures had also been taken to
restrict the possibilities of intervention by the Ministry of the Interior. The
Government Procurator’s Office was being transformed into an independent
organization that would no longer be able to bring pressure on the courts.
However, the entire reform process was complicated by the difficult economic
situation and its consequences, especially the increase in criminality. Under a
draft law currently before Parliament, the constitutional court would consist of
10 judges elected by the Parliament. Should that court detect any irregularity
or incompatibility, it could amend the texts in question and it would even be
empowered to annul any unlawful decisions of the Supreme Council of the
Republic. At its first session, the Supreme Council had established a Standing
Parliamentary Commission on transparency, the media and human rights.
244. Since 1975, the number of capital offences had declined considerably;
capital punishment was rarely carried out and was regarded above all as a
deterrent. Under the draft criminal code currently being examined, capital
punishment would be retained for a total of four major crimes, namely homicide
with aggravating circumstances, high treason, genocide and acts of terrorism.
245. International law took precedence over domestic law. In the event of a
conflict between international rules and the provisions of domestic law,
international law prevailed. That principle was embodied in the Republic’s
declaration of sovereignty. The law of 25 August 1991 contained a declaration
that international instruments were applied directly. The courts were required
to use ratified international conventions as models and to ensure that they were
applied. He would not fail to raise with his country’s competent authorities
the question of the Committee’s concern regarding the declarations provided for
under articles 21 and 22 of the Convention.
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