150. Fundamental freedoms were further safeguarded by article 35 of the Provisional Constitutional Declaration, which stated that no legislation contrary to the basic principles of justice might be enacted. Legal guarantees and the functions of the Supreme Court ensured that justice was administered in accordance with the principles of the Provisional Constitutional Declaration and article 14 of the Convention. In that connection, article 166 of the Civil Code provided for compensation for an individual whose rights had been violated. Compensation could be requested in both civil and criminal courts. 151. With reference to the functioning of the courts, the representative stated that the People's Court was competent to hand down rUlings on all matters relating to the freedoms and rights of citizens on the basis of relevant sections of part 4 of the Penal Code and where the matter in question had not previously been dealt with by the competent authorities. Recourse to the courts was free and the courts were required to ensure that all jUdicial safeguards, including access to defence counsel and legal assistance, were provided. Domestic legislation provided that the courts could not use confessions extracted from detained persons: such confessions were regarded as null and void and a court could inquire into the pircumstances under which charges originated and statements were made. The Supreme Court could order the release of any detained person when the procedure adopted by the officials responsible for the detention was incompatible with legal provisions or where the offlcials had exceeded their mandate. 152. With reference to the treatment of prisoners, the representative informed the Committee, inter alia, that prison authorities were required to monitor prison conditions and the conduct of prison officials and were entitled to authorize other competent persons to inspect prisons. The Department of Public Prosecutions was authorized to take steps to prevent the ill-treatment of prisoners and to prosecute those responsible for any ill-treatment which might occur. 153. Referring to article 10 of the Convention, the representative stated that steps were being taken to ensure that relevant education and educational materials were made available at secondary and university level, particularly in law faculties. 154. Finally, the representative stated that where violations occurred, the Convention could be invoked in order to safeguard rights and freedoms. He pointed out that there had been specific cases where legal and disciplinary action had been taken against state officials who had exceeded their authority and where penalties of imprisonment and fines had been imposed. 155. Members of the Committee thanked the Libyan Government for its report and its representative for his oral statement providing additional information. Members of the Committee observed, however, that further information was necessary with regard to the legislative provisions relating specifically to torture, and that the relevant texts of the legislation should be provided. They wished to know, in particular, how the police force was appointed and educated; how jUdges were appointed and whether they could be removed; what rules governed the actions of prosecutors; who conducted investigations into crimes; what hierarchy existed in the courts and what were the respective jurisdictions; whether persons suspected of an offence could be held in -31- Digitized by Dag Hammarskjöld Library