consideration by the Committee of the initial report of Norway, had resulted in
only one charge; the investigation of more than 100 cases of alleged false
accusations had resulted in 15 charges and 11 convictions, none of which had
been appealed. No further information had been received concerning police
brutality in Bergen.
65. Members of the Committee commended the Norwegian Government on the quality
of its report, which had been submitted with punctuality and could serve as a
model for the reports to be submitted by other States. They also noted with
satisfaction Norway’s support for the United Nations Voluntary Fund for Victims
of Torture and the principle of preventive country visits, as contained in the
draft optional protocol to the Convention which was under elaboration in a
working group of the Commission on Human Rights.
66. Generally, members of the Committee felt that some clarification was
necessary with regard to the incorporation of the Convention in domestic law and
the implementation in practice of its provisions. They noted that Norway had a
dualistic relationship between domestic law and international law, but it was
not clear which legal provision took precedence and whether the Convention had
actually been incorporated into domestic legislation. From the information
provided, it appeared that the Convention was not a formal part of domestic law
but that Norwegian courts were able to refer to international treaties in
applying domestic law. Members of the Committee observed, in this connection,
that the fact that Norwegian legislation did not contain a definition of torture
automatically gave rise to problems with regard to the implementation of the
provisions of the Convention. They therefore expressed the hope that the
Norwegian authorities would reconsider their position that the term "torture or
cruel, inhuman or degrading treatment or punishment" did not need to be
incorporated into the country’s legislation. In this regard, they wished to
know what progress had been made by the Norwegian expert committee, which had
been mentioned during the consideration of Norway’s initial report, whose
mandate was to make proposals on the way in which the major international human
rights instruments could be incorporated into Norwegian legislation.
67. With regard to article 2 of the Convention, further information was
requested on the authority deciding in Norway about deprivation of liberty and
on the lawful period during which a person might be held in custody without
being brought before a court.
68. With reference to article 3 of the Convention, members of the Committee
requested information on how the 1988 Immigration Act actually worked and asked,
in particular, whether foreigners, especially refugees, could be denied entry to
Norway by the border police and turned back and what recourse procedure was
available to them. Clarification was also sought about the indication in the
report that extradition could also take place outside bilateral or multilateral
agreements.
69. In connection with article 4 of the Convention, it was recalled that each
State party should ensure that all acts of torture are offences under its
criminal law and clarification was requested on the extent to which Norway was
complying with that requirement and how it dealt with the question of mental
torture.
70. Referring to article 5 of the Convention, members of the Committee wished
to have some clarification on whether Norway had a system of universal
jurisdiction for persons who committed torture and whether it allowed convicted
persons, subject to certain conditions, to serve their sentence in their home
countries, as provided for by the European Convention on the Transfer of
Sentenced Persons.
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