...
custody with further guarantees of protection against abuse of power or
ill-treatment; the need to guarantee the same rights to a person in
administrative detention as to a person who had been deprived of his freedom
according to judicial proceedings; the need to improve the provision of
training and information to civilian or military law enforcement personnel,
public Officials, policemen and prison staff and to improve the independence
of the jUdiciary and the supervision of conditions of detention in prisons;
and the need to investigate alleged cases of torture or ill-treatment.
284. The Committee also suggested that the advisory services and technical
assistance programme of the Centre for Human Rights could be called upon to
assist the Government in its efforts to improve the implementation of the
provisions of the Convention, particularly by formulating training programmes
for the various categories of officials.
Luxembourg
285. The Committee considered the initial report of Luxembourg
(CAT/C/S/Add.29) at its l07th and l08th meetings, held on 29 April 1992
(CAT/C/SR.107 and 108).
286. The report was introduced by the representative of the State party who
said that respect for human rights and fundamental freedoms was a real concern
of his Government. In illustration of that point, the representative briefly
described the manner in which Luxembourg was involved in the promotion of
human rights at the national, regional and global levels. He also indicated
that a commission on legislative reform had been formed in Luxembourg to adopt
measures required by the Convention against Torture and that the Luxembourg
authorities would very much welcome any observations and suggestions the
Committee might wish to make in that connection.
287. Members of the Committee expressed satisfaction with the report submitted
by the Government of Luxembourg. However, as the report was rather brief,
they requested further clarification on a number of points.
288. With regard to matters of a general nature, members of the Committee
wished to know how the provisions of international instruments were
incorporated into domestic legislation and how any contradictions between
provisions of the Convention and domestic law were resolved. They also
requested further details concerning the legal structure, judicial
arrangements and the separation of powers. Additionally, they wished to know
whether there were any state security organs; whether habeas corpus existed;
whether capital punishment and forced labour were still resorted to; how many
prisons there were and how many persons were in prison or in detention. A
breakdown was also requested of the number of persons held under different
punishment regimes.
289. With reference to specific articles of the Convention, members of the
Committee noted that the definition of torture as contained in article 1 of
the Convention had not been incorporated into Luxembourg's legislation.
Therefore, they wished to know whether domestic legal provisions in Luxembourg
punished both psychological and physical torture. They also asked whether
Luxembourg legislation clearly distinguished between torture and other cruel,
inhuman or degrading treatment or punishment.
-54-
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