(f) Individual claims of violations of the constitutional rights of
defendants in pre-trial detention should be justiciable by an effective judicial
authority;
(g) That Croatia’s police and judicial authorities pay special attention
to the implementation of the existing legal guarantees against torture of a
constitutional and procedural nature.
J.
Malta
163. The Committee considered the initial report of Malta (CAT/C/12/Add.7) at
its 255th and 256th meetings, on 7 May 1996 (CAT/C/SR.255 and 256), and has
adopted the following conclusions and recommendations:
1.
Introduction
164. The Committee welcomes the submission of the initial report of Malta and
thanks the Maltese delegation for the oral introduction, which gave rise to a
frank and highly constructive dialogue with the Committee.
2.
Positive aspects
165. The Committee notes with satisfaction Malta’s firm commitment to the
protection and promotion of human rights, as attested by its ratification of a
number of relevant international treaties and by its recognition of the
competence of the Committee to consider communications from States and
individuals, in conformity with the provisions of articles 21 and 22 of the
Convention.
166. The Committee expresses its satisfaction that the crime of torture has been
incorporated in national legislation, in conformity with article 1 of the
Convention.
167. The Committee notes with satisfaction Malta’s adoption of a new
interrogation code which contains provisions designed to ensure the prevention
of torture and ill-treatment.
168. The Committee regards the abolition of the death penalty in Malta as a very
positive development.
3.
Factors and difficulties impeding the application
of the provisions of the Convention
169. The Committee understands that Malta’s unusual geographic and demographic
situation poses certain obstacles to the full application of article 3 of the
Convention.
4.
Subjects of concern
170. The Committee is concerned that the available judicial remedies in the
matter of return (refoulement) and expulsion are less than satisfactory.
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