of the State party ~ould make the legislative system more consistent and
repeal laws that were incompatible with higher-ranking legal provisions and
with the Convention.
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180. The Committee also considered that the Government of Uruguay should
im
energetically prosecute persons guilty of torture. which continued to be
practised in some cases. as well as individuals who had been guilty of
committing torture under the dictatorship. It asked that detailed information
on that sUbject and on the medical rehabilitation of torture victims should be
included in Uruguay's first supplementary report. scheduled for June 1992.
That report might also indicate the measures taken to resolve problems
connected with the prison system which. in the absence of judicial
supervision. enabled maltreatment to occur in the prisons.
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181. The Committee considered the initial report of Australia (CAT/C/9/Add.8)
at its 95th and 96th meetings, held on IS November 1991 (CAT/C/SR.9S and 96).
182. The report was introduced by the representative of the State party. who
stated that it was his Government's policy to ensure. before ratifying a
convention, that Australia was in a position to comply with the international
obligations it would assume under it. In the case of the Convention against
Torture. existing domestic law was in most respects adequate for compliance,
although new legislation would be needed to ensure that the Convention was
fully implemented. Acts amounting to torture would generally be covered by
offences under criminal law. Victims of torture could seek compensation under
various criminal injuries compensation schemes or a common law action in tort
and damages could be sought for both physical injury and nervous shock. The
Crimes (Torture) Act 1988 fulfilled Australia's obligations under the
Convention in relation to acts of torture committed outside the jurisdiction
of state and territory criminal law.
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183. There were special procedures in all jurisdictions to ensure competent
investigation of allegations of torture by police or prison officers.
Complaints about police conduct were generally dealt with first by an internal
investigation body and later reviewed or monitored by an external body.
Moreover, several jurisdictions had created specific legislative schemes for
investigating complaints about the police. In others. a state ombudsman had
been given wide powers to investigate such complaints. Complaints of
mistreatment in prisons could be made to official prison visitors or
inspectors and in most states, the ombudsman also had authority to deal with
such complaints. On the federal level. complaints could be made to the Human
Rights and Equal Opportunity Commission.
184. Military personnel were subject to the law of the land.
Even in very
exceptional circumstances. when the armed forces were required to pr~tect
constitutional processes, they would be involved only after the government of
a state had made a request to the Governor-General, who would then take the
necessary legal measures in accordance with procedures agreed by Parliament.
Military personnel held in detention were protected under the Defence Force
Instructions. which gave them the right to make complaints to the officer in
charge. Such complaints had to be investigated without delay.
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