special disciplinary boards existed for dealing with complaints against police
officers as well as prosecutors and judges and that individuals could in certain
cases address their complaint directly to those bodies. He also made mention of
the precautionary measures adopted in the investigation of offences against a
police officer, namely, that the public prosecutor would not choose close
colleagues of the police officer charged to investigate into the matter.
383. In connection with article 16 of the Convention, the representative
presented further information on the outcome of a government investigation of
psychiatric care. He indicated that the report of the investigation contained
proposals to establish a Swedish institute against torture and organized
violence, which would be financed by the allotment to it of 1 per cent of
Swedish development aid to countries where torture occurred. In addition, the
report had described different methods of torture and different methods of
treatment and that, once the competent authorities, had studied the report, it
was expected that a government bill would be presented.
Conclusions and recommendations
384. The Committee expressed its satisfaction that there were no allegations
that persons deprived of their liberty had been subjected to ill-treatment
amounting to torture nor was there any other evidence that torture had been
found in Sweden.
385. Thus, in all respects Sweden met the standards of the Convention.
386. The Committee was pleased to conclude that the legal and administrative
regimes described during the consideration of the report of Sweden were models
to which most other countries should aspire.
China
387. The Committee considered the additional report of China (CAT/C/7/Add.14) at
its 143rd and 146th meetings, on 22 and 23 April 1993 (see CAT/C/SR.143/Add.2,
144/Add.2, 145/Add.2 and 146/Add.2 and 4).
388. The report was introduced by the representative of the State party, who
stated that China paid great attention, both in its legislative texts and in its
judicial practice, to the protection of the rights and freedoms of citizens and
their democratic rights. The Penal Code explicitly prohibited torture, thus
upholding the rights of the person and the inviolability of the dignity of the
human person. The Criminal Procedure Law set out in detail the procedure for
investigating and punishing offences, including that of torture. Other texts
played an important role in preventing and combating torture, in particular by
enabling any victims to be compensated. Draft laws on prisons, judges and
procurators were under consideration. In addition a national legal training and
awareness programme would be renewed for a further five years. The situation in
China and the efforts made by the Government must, however, be seen in their
historical context: the majority of the legislative efforts aimed at
introducing the primacy of law had in fact been undertaken only since 1979.
Moreover, since China currently had 1.16 billion inhabitants, the implementation
of such legal provisions gave rise to unquestionable difficulties.
389. The competence of procurators extended to offences allegedly committed by
State bodies, including law enforcement agencies. With regard to the
prohibition of torture, the procurator was empowered to approve, disapprove or
revise an order for arrest; he investigated cases, instituted proceedings and
visited places of detention. Any allegations of torture or human rights
violations were thus referred to him. The number of cases of torture brought
-62-
Select target paragraph3
Connect to a paragraph
Connect to an entity
Disable highlights
Add to table of contents