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145. Concerning article 13 of the Convention. the representative said that the
Act on the Execution of Prison Sentences of 1964. as amended by Act
No. 178/19g0. authorized detainees to lodge complaints which were to be
considered by the competent authorities as expeditiously as possible.
150.
Provi
contr
guara
146. In connection with article 14 of the Convention. the representative
informed the Committee that thousands of persons who had been arrested on
political grounds had sufferd from torture or inhuman or degrading treatment
under the previous regime. Under a court ruling. such persons were having
their rights restored and were receiving compensation. although Czechoslovak
law did not yet provide for the award of compensation for personal injuries
sustained during the earlier period.
Const
conne
indiv
both
admb
Concluding ohservatiQns
147. In its concluding remarks. the Committee welcomed the efforts being made
by the Czechoslovak Government to fully implement the Convention. It also
expressed the hope that the new Czechoslovak penal code would place greater
emphasis on action to combat torture and inhuman and degrading treatment and
punishment and that it would. in particular. include a definition of torture.
Similarly, the new code of penal procedure should also be as much in line with
the Convention as possible. The Committee expressed the hope that those parts
of the penal code providing for the participation of doctors in decisions to
place detainees in solitary confinement would be fully implemented so that no
one was so detained without prior medical examination. It further suggested
that the C2echoslovak authorities should draw up a programme which would
enable lawyers, doctors and concerned officials to become familiar with the
Convention. Finally. the Committee hoped that the replies which the
Czechoslovak delegation had not been able to provide would be contained in the
next periodic report. That report should indicate, in particular, whether the
public prosecutor continued to monitor the administration of justice and
contain further details on the question of the conformity of Czechoslovak
legislation with the Convention, particUlarly its articles 3, 4 and 5.
Libyan Arab Jamahiriya
148. The Committee considered the initial report of the Libyan Arab Jamahiriya
(CAT/C/9/Add.7) at its 93rd meeting. on 14 November 1991 (CAT/C/SR.93).
149. The report was introduced hy the representative of the State party, who
noted that the provisions of the Convention were binding nationally and that
any person was entitled to invoke them before a Libyan court. Concerning
domestic legislation that offered protection from torture and other cruel,
inhuman or degrading treatment, the representative referred. in particular, to
article 2 of the Civil Code. which entitled any person to complain of
non-observance or abuses with regard to respect for fundamental freedoms of
the individual in general; article 435 of the Penal Code, which provided that
any official committing or ordering torture of accused persons was liable to
imprisonment; article 36 of the Code of Criminal Procedure. which provided
that no person could be arrested except by the competent authorities and by
order of the judicial authorities; and article 30 of the Code of Criminal
Procedure, which upheld article 13 of the Convention.
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