(f)
The State party’s regular donations to the United Nations Voluntary Fund for the Victims of Torture
since its establishment; as well as bilateral cooperation and development assistance aimed at the combat of torture.
C. Principal subjects of concern and recommendations
Incorporation of the Convention
(4)
The Committee, while noting the State party’s explanation with regard to its general principles concerning
the transformation of its international obligations into national law and the reasons for incorporating only the most
general international instruments in its Human Rights Act, nevertheless regrets that the State party has not changed
its position with regard to the specific incorporation of the Convention into Norwegian law.
The State party should further consider incorporating the Convention into domestic law in order to
allow persons to invoke the Convention directly in the courts, to give prominence to the Convention
and to raise awareness of the provisions of the Convention among members of the judiciary and the
public at large.
Definition of torture
(5)
The Committee, while noting with appreciation the incorporation of a new provision prohibiting and
penalizing torture in the Penal Code, notes that the wording of the definition of torture in the Penal Code, in contrast
to the definition in article 1 of the Convention, enumerates specific forms of discrimination as possible motives
rather than referring to all types of discrimination.
The State party should further consider the possible use of wording similar to that used in the
Convention so as to ensure that the definition of torture comprises all types of discrimination as
possible motives.
Non-refoulement
(6)
The Committee notes the existence of a so-called “48-hour procedure” for the rejection of asylum-seekers
from countries generally regarded as safe and whose application is assessed as manifestly unfounded after an asylum
interview.
The State party should ensure that a genuine consideration of each individual case can still be
provided for under the “48-hour procedure” and keep under constant review the situation in those
countries in respect of which that procedure is applied.
(7)
With regard to the State party’s participation in the International Security Assistance Force (ISAF) operation
in Afghanistan, the Committee notes the State party’s explanation that any Afghan citizen apprehended by
Norwegian ISAF personnel is handed over to the Afghan authorities in accordance with a Memorandum of
Understanding obliging the Afghan Government to comply with relevant international standards in the treatment of
any persons thus transferred.
In accordance with the Committee’s constant view (see CAT/C/CR/33/3, paras. 4 (b), 4 (d), 5 (e)
and 5 (f) and CAT/C/USA/CO/2, paras. 20 and 21) that article 3 of the Convention and its obligation of
non-refoulement apply to a State party’s military forces, wherever situated, where they exercise
effective control over an individual, the State party should continue to closely monitor the compliance
by the Afghan authorities with their relevant obligations in relation to the continued detention of any
persons handed over by Norwegian military personnel.
Pretrial detention and treatment of persons otherwise detained or at the disposal of the authorities
(8)
The Committee, while noting the amendment of legislation to reduce the length of pretrial detention and the
use of solitary confinement as a preventative measure, remains concerned at the lack of adequate statistics validating
the effectiveness of these measures.
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