remain silent. If there was enough proof against the accused, the Department of
Public Prosecutions could extend his detention up to six days for purposes of
the investigation. Any further extension had to be justified by that Department
and decided by the judge or the Indictment Division, as appropriate. The
representative stressed that, according to the Libyan Penal Code, preventive
measures could be imposed only within the limits specified by the law.
197. In connection with article 3 of the Convention, the representative stated
that under the Libyan Penal Code the extradition of a person charged with a
criminal offence which was politically motivated was prohibited. Equally, a
political refugee or a person likely to be tortured could not be extradited. In
any case, the provisions of article 3 of the Convention were enforceable in the
Libyan Arab Jamahiriya.
198. In respect of article 4 of the Convention, the representative explained
that the period of imprisonment for a person found guilty of torture varied from
a minimum of three years up to a maximum of seven years. Hard labour was a
secondary punishment supplementing the main one. Even though torture was
punishable under Libyan law, the Penal Code did not contain a definition of
torture, nor specific provisions concerning mental torture. As for the
distinction between right and wrong, he stated that it depended, as in any
society, on the philosophy underlying legislation.
199. With reference to articles 8 and 9 of the Convention, the representative
stated that if a foreigner engaged in acts of torture, he would be tried in
accordance with Libyan legislation and in the light of the provisions of the
Convention. The Libyan Arab Jamahiriya had not concluded any extradition
agreement with other States concerning torture. Extradition agreements
concerning criminals had, however, been concluded in the framework of the Arab
League.
200. Referring to articles 10 and 11 of the Convention, he stated that ways of
instructing police and medical personnel in human rights matters were under
discussion in his country and that the possibility of allowing external bodies
to visit Libyan prisons was still being studied.
201. In connection with article 13 of the Convention, the representative
explained that, under Libyan criminal law, a complainant could request the
Department of Public Prosecutions to bring a public action on his behalf in
certain cases. However, with regard to crimes involving torture, article 435 of
the Penal Code provided for a public action by that Department and sanctions
against a public official who ordered or committed torture, regardless whether
the victim had filed a complaint or not. Any alleged victim of torture could
submit a complaint directly to the Attorney General, who was required by law to
prosecute the accused. In addition, the provisions of the Convention could be
invoked before the courts.
202. Referring to article 14 of the Convention, the representative explained
that, under Libyan law, requests for compensation for torture victims could be
handled by the criminal courts or could be the subject of an independent action
in a civil court. It was for the victim to choose the course that was more
favourable to him. If the person found guilty of torture was a civil servant,
damages were paid by the State. The representative also stated that his country
had contributed in the past to the United Nations Voluntary Fund for Victims of
Torture and that the Libyan authorities would examine the desirability of
establishing a special centre for the rehabilitation of torture victims.
203. In connection with article 16 of the Convention, the representative
indicated that capital punishment was carried out in the prison itself or in
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