A/66/44
C.
Principal subjects of concern and recommendations
Definition and criminalization of torture
(7)
The Committee welcomes the commitment of the State party made by its
representatives during the dialogue to enact a specific law to adopt a definition of torture in
full conformity with article 1 of the Convention as well as to amend its national legislation
in order to ensure appropriate penalties for torture and ill-treatment. However, the
Committee notes with concern that current legal provisions fail to give a definition of
torture and to ensure appropriate penalties applicable to such acts, as they set the maximum
penalty of three years and/or a fine of 225 dinars for arrest, imprisonment or detention not
prescribed by law and seven years only if such acts are combined with physical torture or
threats of death (arts. 1 and 4).
The Committee reiterates its previous recommendation (A/53/44, para. 230) that a
crime of torture, as defined in article 1 of the Convention, be incorporated into the
penal domestic law of the State party ensuring that all the elements contained in
article 1 of the Convention are included.
The State party should revise its national legislation to ensure that acts of torture are
offences under criminal law and are punishable by severe penalties which take into
account the grave nature of these acts, as required by article 4, paragraph 2, of the
Convention.
Fundamental legal safeguards
(8)
While noting that the Code of Criminal Procedure (17/60) and the Prison Regulation
Act (26/1962) contain provisions providing some legal safeguards to detainees such as the
right to have access to a lawyer, to notify a relative, to be informed about the charges laid
against them and to appear before a judge within a time limit in accordance with
international standards, the Committee notes with concern that these provisions are little
respected. In addition, while noting that article 75 of the Code of Criminal Procedure
guarantees to an accused person the right to hire a lawyer to defend him or her and attend
the interrogation session, the Committee is concerned that the lawyers may only speak with
the permission of the investigator (art. 2).
The State party should promptly take effective measures to ensure that all detainees
are afforded, in practice, all fundamental legal safeguards from the very outset of the
detention, including the rights to have prompt access to a lawyer and an independent
medical examination, to notify a relative, to be informed of their rights at the time of
detention, including about the charges laid against them, and to appear before a judge
within a time limit in accordance with international standards.
Monitoring and inspection of places of detention
(9)
The Committee takes note of the statement in the replies to the list of issues that,
according to the Judiciary Reorganization Act (23/1990), Act No. 26 of 1962 and article 56
of decree-law No. 23 of 1990, the Kuwaiti legislation guarantees several types of control
and supervision over prisons. However, the Committee is concerned at the lack of
systematic and effective monitoring of all places of detention, including regular and
unannounced visits to such places by national and international monitors (art. 2).
The Committee calls upon the State party to establish a national system to effectively
monitor and inspect all places of detention and follow up on the outcome of such
systematic monitoring. This system should include regular and unannounced visits in
order to prevent torture and other cruel, inhuman or degrading treatment or
punishment. The State party is encouraged to accept monitoring of places of detention
by relevant international mechanisms.
GE.11-45568
101
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