•
How domestic laws ensure the non-derogability of the prohibition of any cruel,
inhuman or degrading treatment or punishment;
•
Whether the provisions of the Convention can be invoked before and are directly
enforced by the courts or administrative authorities or whether they have to be
transformed into internal laws or administrative regulations to be enforced by the
authorities concerned. Should the latter be a requirement, the report should provide
information on the legislative act incorporating the Convention into the domestic
legal order;
•
Judicial, administrative or other competent authorities with jurisdiction/a mandate
covering matters dealt with in the Convention, such as the Constitutional Court, the
Supreme Court, the ordinary and military courts, the public prosecutors, disciplinary
bodies, administrative authorities in charge of police and prison administration,
national institutions for the promotion and protection of human rights, etc. Provide
an overview of the practical implementation of the Convention at the federal, central,
regional and local levels of the State, and indicate any factors and difficulties that
may affect the fulfilment of the obligations of the reporting State under the
Convention. The report should include specific information related to the
implementation of the Convention in such circumstances. Relevant documentation
collected by the authorities or other private or public institutions is welcome.
II. INFORMATION IN RELATION TO EACH SUBSTANTIVE
ARTICLE OF THE CONVENTION
6.
As a general rule the report should include, in connection with each article, the following
information:
•
The legislative, judicial, administrative or other measures giving effect to the
provisions;
•
Concrete cases and situations where measures giving effect to the provisions have
been enforced, including any relevant statistical data;
•
Cases or situations of violation of the Convention, the reasons for such violations and
the measures taken to remedy the situation. It is important for the Committee to
obtain a clear picture not only of the legal situation, but also of the de facto situation.
Article 1
7.
This article contains the definition of torture for the purposes of the Convention. Under
this provision the report should include:
•
94
Information on the definition of torture in domestic law, including indications as
to whether such a definition is in full conformity with the definition of the
Convention;
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