290. In respect of article 3 of the Convention, members of the Committee asked
whether a deci,sion on expulsion could be taken only by the Minister of Justi.ce
and what guarantees existed to ensure that a person would not be expelled to a
State where the risk of his or her being tortured existed.
291. In connection with article 6 of the Convention, it was asked what
provision was made for a person in custody to be assisted in communicating
immediately with the nearest appropriate representative of the State of which
he or she was a national or a resident.
292. With regard to article 7 of the Convention, members of the Committee
wished to know whether the State party was fully in compliance with the
article, especially in respect of dealing with torture-related offences in
Luxembourg even when the alleged offender was not a national of Luxembourg or
had committed the offence outside Luxembourg. In that regard, details of the
domestic legislation providing for such proceedings were requested.
293. In connection with article 9 of the Convention, it was asked how mutual
judicial assistance was carried out in the absence of bilateral treaties.
294. With reference to article 10 of the Convention; further information was
requested as to whether medical personnel and others were educated or informed
about torture-related issues.
295. With regard to article 11 of the Convention, members of the Committee
wished to know what measures were available for monitoring the conditions of
persons under detention; whether detention could be prolonged beyond the
24-hour limit and, if so, by whose authority; whether detainees could contact
both a family member and a lawyer and could be examined by a doctor of their
own choosing; who took the decision to place a person in isolation and how
such a decision could be reviewed; whether a person kept in isolation could
contact his lawyer and could benefit from an hour of exercise out of doors per
day and what medical services were available to him.
296. With regard to articles 12 and 13 of the Convention, members of the
Committee asked whether the police had the right to conduct an inquiry into
any allegation of ill-treatment and, if so, how such an inquiry differed from
that ordered by an examining magistrate. Members also observed that the
report did not contain sufficient information about the implementation of
those articles.
297. Concerning article 14 of the Convention, members of the Committee wished
to know whether a victim of torture could seek redress or compensation from
the State party and whether a victim in such cases could also claim
compensation for loss of earnings.
298. With refer.ence to article 15 of the Convention, members of the Committee
sought clarification as to the meaning of the concept of "evidence gained by
wrongful and unfair means".
299. Concerning article 16 of the Convention, members of the Committee asked
whether women were separated from men in prisons and whether minors were also
held in prisons.
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