anyone suspected of having committed an offence under article 4 of the
Convention and who happened to be in New Zealand, regardless of his nationality.
155. Concerning article 10 of the Convention, he provided information
training handbooks and other publications prepared for or distributed
police, prison personnel and medical and nursing personnel to educate
matters relating to the difficult situation of refugees or to prevent
of ill-treatment and torture.
on the
to the
them about
any form
156. In respect of questions raised with regard to article 11 of the Convention,
the representative informed the Committee that the new Mental Health Act of
1 November 1992 limited compulsory treatment in psychiatric hospitals, defined
very carefully the rights of patients and provided for legal remedies. He also
explained that under the Children, Young Persons and Their Families Act, a
"child" was someone under the age of 14 and a "youth" was someone over 14 but
less than 17 who had never married.
157. With regard to article 14 of the Convention, the representative indicated
that the reservation entered by New Zealand was considered by his Government to
be compatible with the purpose and goal of the Convention and not contrary to
international law. He also explained the procedure in place for accident
compensation, and stated that the term accident covered rape and torture and
that such compensation did not prejudge criminal proceedings.
Conclusions and recommendations
158. The Committee expressed its gratitude for the report, its presentation and
the clarifications provided by the representative of New Zealand. It considered
the report to be comprehensive and objective. It also expressed its
satisfaction that the report indicated that no one in New Zealand had been
convicted of or charged with committing an act of torture and that there had
been no report of torture having taken place in New Zealand, either in the
period under review or before or since that time.
159. The Committee considered that the articles of the Convention seemed to be
incorporated in New Zealand’s legislation, specifically in the Crimes of Torture
Act of 1989, which had been promulgated in connection with New Zealand’s
ratification of the Convention.
160. The Committee during its discussions raised the issue of the State party’s
reservation to one of the core articles of the Convention, article 14, regarding
compensation for victims of torture. The Committee expressed the hope that the
New Zealand authorities would review that reservation to ensure its full
compliance with the articles of the Convention.
Germany
161. The Committee considered the initial report of Germany (CAT/C/12/Add.1) at
its 128th and 129th meetings, on 16 November 1992 (see CAT/C/SR.128, 129 and
129/Add.2).
162. The report was introduced by the representative of the State party, who
stressed that the prohibition of torture and other cruel, inhuman or degrading
treatment or punishment was a feature of the German Constitution and other
legislation. That prohibition was part of the principle that human dignity
should be respected, as established by the Federal Constitutional Court. He
then pointed out that the German Penal Code did not contain a general offence of
"torture"; however, there were specific offences such as assault and battery in
office which would be penalized in the manner provided for by the Convention.
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