203. With regard to article 1 of the Convention, the representative informed
the Committee that the offence of torture was not specifically defined in the
Australian Constitution and Commonwealth legislation.
204. In relation to article 2 of the Convention, the representative stated
that the principle that an order of a superior or public authority could not
be invoked as a justification of torture was a common law principle, although
it was also embodied in some legislative texts.
205. With reference to concerns raised under article 3 of the Convention, the
representative explained that any application for asylum made by a person who
could not claim refugee status as defined in the 1951 Convention relating to
the Status of Refugees, but who might be subjected to torture if he returned
to his country of origin, was communicated to the Minister for Immigration,
who could grant an entry permit for humanitarian reasons. Equally,
extradition could not be granted in Australia if it involved a breach of the
obligations assumed by the country under international treaties.
206. In reply to the question on the applicability of article 4, paragraph 2,
of the Convention, the representative informed the Committee that the
Australian legal system was a discretionary one in which the judge had the
power to determine the nature of the offence and to decide the appropriate
penalty in the light of the seriousness of the offence. The system also
authorized the Attorney General to appeal against a penalty which was
obviously inadequate. He also pointed out that current practice tended
towards uniformity of sentences and that under Australian law the offence of
assault included mental and psychological suffering.
207. With reference to the concerns raised in connection with articles 5 to 9
of the Convention, the representative stated that Australia had fulfilled its
obligations under article 5 of the Convention to the greatest extent possible
as federal law had explicitly provided that there was no legitimate excuse for
acts of torture and that such acts were unacceptable whatever the
circumstances. Concerning the matter of the universal jurisdiction of
Australian justice, the representative indicated that any person who had
committed an offence outside Australian territory was liable to the penalties
provided for by Australian criminal law. The request of a foreign national
who had committed a criminal offence and who had applied to stay in Australia
although he would be examined in accordance with the obligations established
by the Convention and the Crimes (Torture) Act 1988.
208. In connection with article 10, the representative informed the Committee,
~r
alia, that the training of police officers could vary from state to
state, but all states had established intensive and regular programmes in
which police officers received information about their statutory obligations.
The federal police also had a similar programme. Equally, a service of the
Ministry of Immigration provided its officials with training which enabled
them to recognize victims of torture or serious injury.
209. With regard to article 11 of the Convention, the representative indicated
that there were adequate guarantees for the systematic review of all
provisions relating to interrogation since the conduct of a trial was totally
independent of the police investigation and complaints would be made either to
the ombudsman or to members of Parliament and the press. The federal and
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